NHRC notice on go-slow promise

Transcription

1 NHRC notice on go-slow promise April 3, 2016 Response to claim by USIBC on reported assurances given by Ministry on drug patents. The National Human Rights Commission has served a notice on the Union Commerce Ministry over private assurances that were reported to have been given by it to a business advocacy group representing U.S. interests that India would go slow in granting Compulsory Licences (CLs) allowing domestic pharma companies to override patents held by Western drug-makers and make corresponding generic drugs that would be sold at cheaper prices. The NHRC notice comes after reports that came in March that the United States-India Business Council (USIBC) had been verbally assured that India s patent offices would take a restrained approach in handing out licences to produce cheaper, generic versions of drugs patented by American companies. It had also been reported that at least two applications for CLs to domestically produce generic versions of drugs patented in the U.S. were rejected in India last year. The comments were revealed in a submission earlier this year by USIBC to the U.S. Trade Representative (USTR), which was in the process of reviewing global intellectual property laws for an annual report identifying trade barriers to U.S. companies. The USTR has placed India on its priority watch list for two years now, saying its patent laws favour the local drug industry in an unfair manner. The NHRC is spot on; the Ministries are going slow [on clearing applications], said Leena Menghaney, a lawyer campaigning for access to affordable medicines in India for cancer. The government s decision was hugely disappointing, she added, pointing out that even after the high prices of the drug Dasatinib were documented the government did not act on the issue. Dasatinib, the patent for which is held by the U.S.-based Bristol-Myers Squibb, is used to treat certain types of leukaemia. It was one of the drugs that the Ministry of Health and Family Welfare had recommended for the grant of CL. Health Ministry experts had been shown data from cancer hospitals including army hospitals to show that patients needed it. But the recommendation for CM was denied on the grounds that the patient cohort was too small, Ms. Menghaney said.

2 The Commission has sought reports within two weeks from the Ministry of Commerce and Industry as well as of Health. In the notice, the NHRC states that the reported verbal assurances raise questions on issues that impinge on the right to health of citizens in India. The notice points out that if the government, by invoking the provisions of the Indian Patents Act, grants CLs to manufacture particular drugs, that would increase access to affordable generic versions of the same drugs, bringing solace to thousands. Providing an affordable healthcare system is a basic [and] bounden duty of any government. It is a matter of concern that two applications for grant of compulsory licence to manufacture generic medicines for treatment of diabetes and cancer were rejected last year, the Commission says. In 2012, India denied a patent to German pharma giant Bayer for Nexavar, a blockbuster cancer drug for kidney and liver cancer. India granted a CL it was the country s first to Natco Pharma, one of India s leading generic producers, to manufacture Nexavar at a price that was 97 per cent less than what Bayer s version cost, and the decision sent shock waves across the pharma industry worldwide.

3 NHRC notice to UP, MP on plight of drought-hit April 1, 2016 The National Human Rights Commission (NHRC) on Friday issued notice to the Uttar Pradesh and Madhya Pradesh governments over the deplorable condition of the inhabitants of the drought-hit districts of the two states. Taking cognizance of the issue through media reports, the commission learnt that people are forced to eat chappatis either with salt or potatoes in the drought hit areas of the two states. "The crops of gram and pulses have failed due to no rain. There are no irrigation facilities and the crops depend only on rain. Even the schools are not functional and the students are being deprived of the mid-day meal. There is no work for the villagers under MNREGA," said an NHRCstatement. The NHRC has observed that the plight of the poor inhabitants of the drought hit areas of the two states, if true, raise serious issues of violation of human rights to life, equality and dignity of the people. "Following the entire issue, the commission has issued notices to the chief secretaries of Uttar Pradesh and Madhya Pradesh calling for detailed reports within four weeks," the statement added.

4 NHRC seeks report from government on its stand on generic medicines 2 Apr, 2016 NEW DELHI: Autonomous Indian human rights body National Human Rights Commission (NHRC) has asked the government to respond to reports that it gave verbal assurances to turn down compulsory license (CL) applications to produce generic versions of drugs patented by US firms. The assurance, if true, could restrain access to affordable life saving drugs. Recent media reports have claimed that the government has given 'private reassurance' that the Indian Patent Office would take a more restrained approach in handing out CLs for drugs patented by American pharmaceutical companies. The Commission has called for reports on the matter within two weeks from the secretaries of the commerce and health ministries, according to the human rights body. "Providing an affordable healthcare system is a basic bounden duty of any Government,". At least two applications for CLs to domestically produce generic versions of cancer and diabetes drugs patented in America were reportedly rejected last year. "NHRC has observed that the contents of the press reports, if true, raise questions impinging upon right to health of citizens in India," stated NHRC. The government has already claimed the reports about its 'private reassurance' to the US-India Business Council (USIBC) to be "factually incorrect". "Under the Doha Declaration on the TRIPS Agreement Public Health, each member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted," said the commerce ministry in a statement on March 22. "Even as Government of India is conscious of the need to spur innovation and protect individual rights, it retains the sovereign right to utilize the flexibilities provided in the international IPR regime," it added.

5 India restraining production of cheaper generic medicines? NHRC seeks report 2 April, 2016 Taking serious view of media reports that India has given 'private reassurance' to US-India Business Council that its Patent Office will take a more restraint approach in handing out licenses to produce cheaper versions of drugs patented with the American firms the National Human Rights Commission (NHRC) has asked Union Ministries of Commerce & Industries as well as Health to approach it with detailed report. The reports indicate that this 'private reassurance move', will allegedly deny the people of the country access to generic medicines at affordable prices. Reportedly, at least two applications for compulsory licenses to produce, domestically, generic versions of drugs patented in America were rejected last year. According to a release by NHRC, the Commission has observed that the contents of the press reports, if true, raise questions impinging upon right to health of citizens in India. "If the Government, by invoking the provisions of the Indian Patents Act grants compulsory license to manufacture a particular drug, it would increase access to more affordable generic versions of the same bringing much needed solace to the thousands of the people. Providing an affordable healthcare system is a basic bounden duty of any Government. It is a matter of concern that two applications for grant of compulsory license to manufacture generic medicines for treatment of diabetes and cancer were rejected last year." said NHRC in a statement. According to the media reports, carried on the 7th & 8th March, 2016, a compulsory license was granted to an Indian company, for the first time, to manufacture a drug to cure kidney and liver cancer, whose patent was with a U.S. company. The said drug was being sold by the Indian company for Rs.8,800/- as against Rs.2,80,000/- charged by the U.S. company. The challenge made against this did not succeed even though pursued up to the Supreme Court.

6 NHRC seeks report from govt on its stand on generic medicines 1 April, 2016 The National Human Rights Commission (NHRC) has sought a report from Ministries of Commerce and Health on media reports that the government has restrained production of cheaper versions of generic medicines. The National Human Rights Commission (NHRC) has sought a report from Ministries of Commerce and Health on media reports that the government has restrained production of cheaper versions of generic medicines. "NHRC has taken serious view of media reports that India has given 'private reassurance' to US-India Business Council that its Patent Office will take a more restrained approach in handing out licences to produce cheaper versions of drugs patented with the American firms, which, allegedly, will deny the people of the country access to generic medicines at affordable prices. "Reportedly, at least two applications for compulsory licences to produce, domestically, generic versions of drugs patented in America were rejected last year," said an NHRC statement. The Commission has called for reports within two weeks from the Union Ministries of Commerce and Industries as well as Health, through their Secretaries in the matter. It has observed that the content of the reports, if true, raise questions impinging upon right to health of the citizens. "If the government, by invoking the provisions of the Indian Patents Act grants compulsory licence to manufacture a particular drug, it would increase access to more affordable generic versions of the same bringing much-needed relief to thousands of people.

7 "Providing an affordable healthcare system is a basic bounden duty of any government. It is a matter of concern that two applications for grant of compulsory licence to manufacture generic medicines for treatment of diabetes and cancer were rejected last year," it said. According to media reports, a compulsory licence was granted to an Indian company, for the first time, to manufacture a drug to cure kidney and liver cancer, whose patent was with a US company. The drug was being sold by the Indian company for Rs 8,800 as against Rs 2,80,000 charged by the US company. The challenge made against this did not succeed even though pursued up to the Supreme Court.

8 NHRC takes serious view of restraint on production of cheaper generic drugs 2 April, 2016 Summary: The move will deny the people of the country access to generic medicines at affordable prices. Reportedly, at least two applications for compulsory licenses to produce, domestically, generic versions of drugs patented in the U.S. were rejected last year. According to reports, two applications for grant of compulsory license to manufacture generic medicines for treatment of diabetes and cancer were rejected last year. It has observed that the contents of reports, if true, raise questions impinging upon right to health of citizens in India. The National Human Rights Commission (NHRC) has taken serious view of reports that the Union government has given private reassurance to the United States-India Business Council that its Patent Office would take a more restrained approach in handing out licenses to produce cheaper versions of generic medicines patented with the American firms. The National Human Rights Commission (NHRC) has taken serious view of reports that the Union government has given private reassurance to the United States-India Business Council that its Patent Office would take a more restrained approach in handing out licenses to produce cheaper versions of generic medicines patented with the American firms. The move will deny the people of the country access to generic medicines at affordable prices. Reportedly, at least two applications for compulsory licenses to produce, domestically, generic versions of drugs patented in the U.S. were rejected last year. The Commission has called for reports within two weeks from the Union Ministry of Commerce and Industries as well as the Union Ministry of Health and Family Welfare, through their Secretaries, in the matter. It has observed that the contents of reports, if true, raise questions impinging upon right to health of citizens in India. If the government, by invoking the provisions of the Indian Patents Act, grants compulsory license to manufacture a particular drug, it will increase access to more affordable generic versions of the medicine...providing an affordable health care system is a basic duty of any government, observed the National Human Rights Commission. According to reports, two applications for grant of compulsory license to manufacture generic medicines for treatment of diabetes and cancer were rejected last year..

9 6 States get NHRC notice for adopting "lackadaisical attitude" in rehabilitation of bonded child 2 April, 2016 The National Human Rights Commission observed that 6 States have "adopted lackadaisical attitude" in the rehabilitation of 740 bonded child labourers rescued from various parts of Rajasthan during March, 2013 to July, Taking this matter seriously NHRC issued notices to Rajasthan, Bihar, Jharkhand, West Bengal, Uttar Pradesh and NCT of Delhi. According to a statement by NHRC it has asked the six states to submit action taken reports within 8 weeks without fail. Justice D. Murugesan, Member, NHRC has observed that no heed seems to have been paid to the miseries of the children. In Focus "The issue of the rescue of child labourers is not merely an instance of employing a child in violation of laws. It is rather more heinous in nature that children are being taken from one State to another, which cannot happen without the involvement of human/child traffickers," Justice Murugesan observed. During its enquiry NHRC found that 740 child labourers were rescued. They included maximum 610 from Bihar and the rest 130 from Jharkhand, West Bengal, Uttar Pradesh, Delhi and Rajasthan. But Release Certificates were issued for only 456 children from Bihar. However, they were not given copies of the Release Certificates by the concerned authorities in Rajasthan. Release Certificates for 284 rescued bonded child labourers were yet to be issued, which are essential to start their rehabilitation process in their respective States by the concerned District administration.

10 Child labourers: NHRC issues notice to six states Apr 01, 2016 New Delhi: Taking a serious note of the "lackadaisical attitude" of authorities in rehabilitating 740 child labourers rescued from Rajasthan, NHRC has issued notices to Rajasthan, Bihar, Jharkhand, West Bengal, Uttar Pradesh and Delhi. The Commission asked the state authorities to submit action taken reports within eight weeks. "The NHRC has taken it very seriously that six states have adopted lackadaisical attitude in the rehabilitation of 740 bonded child labourers rescued from various parts of Rajasthan during March, 2013 to July, 2014," said a statement issued by the Commission. of 740 bonded child l s taken it very seriously that six states have adopted lackadaisical attitude in the rehabilitation During the court of inquiry, the Commission found that 740 child labourers were rescued which included 610 from Bihar and the rest 130 from Jharkhand, West Bengal, Uttar Pradesh, Delhi and Rajasthan. But release certificates were issued for only 456 children from Bihar. However, they were not given copies of the certificates by the authorities in Rajasthan. Release Certificates for 284 rescued bonded child labourers were yet to be issued, which are essential to start their rehabilitation process in their respective States by the concerned District administration, the statement stated. "No heed seems to have been paid to the miseries of the children. The issue of the rescue of child labourers is not merely an instance of employing a child in violation of laws. "It is rather more heinous in nature that children are being taken from one state to another, which cannot happen without the involvement of human/child traffickers," observed Justice D Murugesan, Member, NHRC. Murugesan also observed that no report has been submitted by the State agencies of the six state governments regarding the action taken plan to curb this menace of child trafficking, which requires to be handled with a coordinated approach to prevent such instances in the future. "Therefore, the allegation of the complainant that the human or child traffickers have not been dealt with in accordance with law, required to be investigated in an impartial and transparent manner," the statement said. Accordingly, notices have been issued to the Chief Secretary and

11 Director General of Police, Government of Rajasthan to get the cases of these 740 rescued child bonded labourers investigated through CB-CID at headquarters. The report shall inter-alia contain the identification of children belonging to Schedule Caste/Schedule Tribe, if any. A notice has been issued to the Labour Commissioner, Government of Rajasthan, calling for an action taken report, indicating the reasons for non-issue of the Release Certificates. The report shall contain the measures taken for recovery of outstanding wages and rehabilitation amount from the employers, including Rs 20,000 for each rescued child and penal action taken against the offenders involved in child labour and child trafficking, the statement said. Further, notices have been issued to the Chief Secretaries, Directors General of Police/Commissioner of Police and Labour Commissioners of Governments of Bihar, Jharkhand, West Bengal, Uttar Pradesh and NCT of Delhi to submit comprehensive action taken report, indicating the rehabilitation of released child labourers and penal action taken against the offenders involved in the alleged child trafficking. They have also been asked to submit report about the steps taken to prevent occurrence of child trafficking/labour in future.

12 NHRC issues notices to 6 states on rehab plans for child labourers April 2, 2016 The National Human Rights Commission has issued notices to six states, including Delhi, for adopting 'lackadaisical attitude' in the rehabilitation of 740 bonded child labourers rescued from 2013 to These states include Rajasthan, Bihar, Jharkhand, West Bengal, Uttar Pradesh and Delhi. The Commission has sought reports from the six states within eight weeks. Seven hundred and forty child labourers 610 from Bihar, and the rest 130 from Jharkhand, West Bengal, Uttar Pradesh, Delhi and Rajasthan were rescued. But release certificates were issued for only 456 children from Bihar. However, they were not given copies of the release certificates by the concerned authorities in Rajasthan, the NHRC observed. Release certificates for 284 rescued bonded child labourers are yet to be issued. The certificates are essential to start the rehabilitation process in the respective states. The issue of the rescue of child labourers is not merely an instance of employing a child in violation of laws. It is rather more heinous in nature that children are being taken from one state to another, which cannot happen without the involvement of human/child traffickers, said D Murugesan, member, NHRC. Action plan No report has been submitted by the state agencies regarding the action taken plan to curb child trafficking so far, said Murugesan. Therefore, the allegation of the complainant that the human/child traffickers have not been dealt with in accordance with law, required to be investigated in an impartial and transparent manner. The notices have been issued to the chief secretaries, police and labour commissioners of the state governments to submit the report.

13 Two children go missing daily in Tamil Nadu, fears of trafficking: NHRC April 2, 2016 At least two children go missing every day in Tamil Nadu, raising concerns they may be trafficked into prostitution, handed over to criminal gangs or sold for illegal adoption, the national human rights commission said. Alarmed by the disappearance of 271 children in Tamil Nadu in the first three months of 2016, the commission asked state authorities this week to account for the situation. The mafia that controls begging and even those involved in child prostitution and adoption rackets could be behind these disappearances, the commission said in a statement. The authorities say 2,711 children have disappeared in the southern state of Tamil Nadu in the past 15 months. However, comparative figures were not immediately available. In the past month alone, two infants were taken from their families in the port city of Chennai as they slept on the streets next to their homeless parents. Police said CCTV footage showed a car stopping near the pavement from where one child was abducted. It seems to have been a planned snatching. The knot with which the mother had tied her 10-month-old daughter to her sari was cut and the baby quietly taken, a police officer told the Thomson Reuters Foundation, requesting anonymity. In the second case, an eight-month-old boy was taken as his family slept near a bus station.

14 Rights groups say homeless children are particularly vulnerable to being exploited by traffickers, with many missing children sold on to unsuspecting adoptive parents or forced to beg by criminal gangs. The poor have little resources and often hesitate to go to the police, said Andrew Sesuraj from the Tamil Nadu Child Rights Observatory, a nongovernmental organisation. Their children are very vulnerable, lying in the open, their exhausted parents fast asleep nearby. India s women and child development ministry has introduced a scheme to track missing children across the country, CHILDLINE India Foundation, another child rights charity, said more needed to be done. This will work only if there is a countrywide hook-up between the police and agencies working with children. Unless the details of missing children are immediately put out, the chances of finding them reduce, said Anuradha Vidyasankar, the head of CHILDLINE s office in Chennai. A missing child is not just missing but actually getting into bigger trouble. The time factor is crucial because in a matter of two days the child can be taken out of the country, she told the Thomson Reuters Foundation. A Tamil Nadu state official said about a third of children reported missing to the police are eventually traced.

15 Woman dies of electrocution: NHRC directs Chief Secretary to pay 1 lakh indemnity 04 April 2016 Bhubaneswar: While rejecting the State s contention over non-payment of compensation to the next of the kin of the deceased, who died of electrocution in Odisha s Bhadarkh district, the National Human Rights Commission (NHRC) directed the Chief Secretary to submit compliance of payment of compensation of Rs 1 lakh within six weeks positively. Acting on a petition filed by rights campaigner Subash Mohapatra, the apex rights panel found the State guilty and rejected the State s contention. NHRC opined, The reply furnished by the Executive Engineer, BSED, Bhadrak is unacceptable. Pursuant to the show-cause notice from the rights body, it was argued that at no point of time, the officers of Nesco and their staffs have/had ever received any grievances/complaints from any quarter including from any villager of the self- same locality regarding the snapping/falling of the live electric wire on the fateful day. Therefore, no compensation should be recommended to be paid to the next of the kin of the deceased. The Commission after relying on the enquiry report submitted by the Addl. Secretary to the Government has categorically held that there was negligence on the part of the concerned Electrical Section which should have verified the snapped line and taken precautionary measures to prevent any untoward incident but they have failed to do the same, the NHRC observed However, the Chief Engineer-cum-Chief Electrical Inspector reported that the victim is supposed to receive some financial compensation. On October 22, 2013, Jayanti Nath died of electrocution as she came in contact with low hanging live electric wire.