Supreme Court Guidelines on ‘Bulldozer Justice’

GS 2: Polity and Governance: SC on demolition drives

Why is it in the news?

• On 13^th November 2024, the Supreme Court issued guidelines to ensure that state authorities adhere to due process before demolishing citizens’ properties. This decision came in response to cases where demolitions were used as punishment for alleged criminal involvement.
• The judgment was delivered by a Bench of Justices B R Gavai and K V Viswanathan and followed recent remarks by former Chief Justice D Y Chandrachud, who criticized such actions as “bulldozer justice” during a case about an illegally demolished home in Uttar Pradesh.

Case Background

• The guidelines emerged from pleas challenging the practice of demolishing properties belonging to individuals accused of crimes, a practice seen in states like Uttar Pradesh, Madhya Pradesh, Uttarakhand, and Rajasthan. Recent incidents in Ratlam, Madhya Pradesh, and Udaipur, Rajasthan, highlighted this trend.
• In Ratlam, a family’s ancestral home was demolished after the son was arrested for cow slaughter, while in Udaipur, a tenant’s house was torn down for alleged encroachment on forest land following accusations against his son in a communal stabbing case.
• These cases, along with others, including a 2022 plea from the Jamiat-Ulama-i-Hind regarding demolitions in Delhi’s Jahangirpuri, prompted the Supreme Court’s intervention.

Supreme Court Guidelines

• The Supreme Court’s guidelines emphasize transparency and sufficient notice, ensuring that families have adequate time to manage their affairs before demolition. However, the guidelines exempt demolitions involving unauthorized structures in public spaces or those backed by court orders.

1) Providing Notice:

• A minimum of 15 days’ notice must be given before demolition, starting from when the owner or occupier receives it. The notice should detail the structure, the reason for demolition, and provide a date for a personal hearing to allow contestation.
• Authorities must inform the local Collector or District Magistrate by email, with an auto-reply acknowledgment to prevent allegations of backdating.

2) Hearing and Final Order: After the hearing, the final demolition order should record arguments made by the property owner and specify whether partial or complete demolition is necessary, along with the rationale for why demolition is the only viable option.

3) Aftermath of Demolition Order:

• Upon receiving a final order, owners have an additional 15-day grace period to either remove the structure or challenge the order in court.
• If the order is upheld, authorities can proceed with demolition after the second 15-day period, but must record the demolition on video and create an inspection report before and a demolition report after the event.

Supreme Court’s Reasoning

• The Supreme Court’s guidelines draw on fundamental constitutional and legal principles to address issues raised by such demolitions.

1) Separation of Powers:

• The Court emphasized that only the judiciary holds adjudicatory power, questioning the right of state officials to independently punish alleged criminals by demolishing their property.
• The ruling stressed that the executive cannot substitute judicial functions, underscoring that such demolitions, without trial, are unconstitutional.

2) Public Trust and Transparency: The Court highlighted the need for public officials to be accountable for their actions and called for transparent governmental processes. Officials who misuse their authority should be held responsible for such actions.

3) Right to Shelter: Citing Article 21, the Court noted that demolitions violate the right to shelter, a fundamental right that extends beyond the accused to their innocent family members. Depriving a family of their shelter without due legal process was deemed unconstitutional.

• In cases where properties housing accused persons also violate municipal laws, the Court advised a separate evaluation. Selective demolitions aimed at penalizing the accused, while similar structures remain untouched, suggest ulterior motives.

Conclusion

• These guidelines underscore the importance of fairness and legality in enforcement actions and establish a framework for state accountability in property demolitions.

DOGE: The New U.S. Government Efficiency Body

GS 2: International Relations: U.S. Administrative reforms

Why is it in the news?

• US President-elect Donald Trump has announced the formation of the Department of Government Efficiency (DOGE), to be co-led by X owner Elon Musk and Indian-American entrepreneur Vivek Ramaswamy.
• The initiative aims to streamline government operations, reduce bureaucratic excess, and cut down on wasteful expenditures.
• Trump praised Musk as “the Great Elon Musk” and Ramaswamy as an “American Patriot,” asserting that DOGE will help his administration reform the government by minimizing unnecessary regulations and trimming federal agencies.

Objectives of DOGE

• DOGE’s primary goal is to create a “leaner government” in line with the Republican ideal of “Minimum Government, Maximum Governance.” Both Musk and Ramaswamy will focus on restructuring departments and federal finances.
• According to Trump, their role will involve identifying and dismantling government inefficiencies, reducing redundancies, and overhauling bureaucratic processes. He stated that this would “send shockwaves through the system” by targeting government waste.

Transparency and Public Engagement

• Musk announced that all actions taken by the department would be posted online to ensure transparency, allowing the public to voice concerns over cuts or decisions.
• Musk also proposed a leaderboard that would track and display instances of government overspending. Further, Ramaswamy added that DOGE would crowdsource examples of waste, fraud, and abuse, making public participation a central aspect of the initiative.

Structure and Duration

• Although named a “department,” DOGE will not be a formal government agency. Trump clarified that it will function as an advisory body working outside the government, coordinating closely with the White House and the Office of Management and Budget.
• This structure allows Musk and Ramaswamy to avoid federal employment rules and retain their current roles in business. The department is expected to conclude its work by July 4, 2026, coinciding with the 250th anniversary of American independence.

Criticisms and Concerns

• The DOGE initiative has drawn mixed reactions. While Trump likened it to “The Manhattan Project of our time,” critics have raised concerns about potential conflicts of interest, given that both Musk and Ramaswamy are private sector figures with limited governance experience.
• Critics also argue that creating a separate body to cut expenses, potentially with its own budget and staff, may ultimately lead to increased costs rather than savings. The unconventional approach has sparked debate over the effectiveness of appointing business leaders to oversee government reform.

India’s Agricultural Exports: Growth and Sustainability Concerns

GS 3: Economy: Agricultural Issues

Why is it in the news?

• India, a major player in global agricultural exports, saw its agricultural export value soar to $53.1 billion in 2022-23, a sharp increase from $8.7 billion in 2004-05.
• This growth plays a crucial role in bolstering the country’s economy through enhanced foreign exchange, revenue generation, and diversified trading opportunities.
• However, this rapid rise in exports poses challenges related to the sustainability of production, processing, and distribution systems.

An Analysis  

Sustainability of Agricultural Commodities

• The sustainability of agricultural commodities is not only about economic factors, such as productivity, but also encompasses ecological and social considerations.
• A truly sustainable agricultural system depends on three pillars: ecological health, economic viability, and social equity, all underpinned by strong governance.
• Additionally, sustainability should extend beyond production to include the entire lifecycle of a commodity, from pre-sowing to post-harvest stages.

Tea Industry and Its Sustainability Challenges

• India, the world’s second-largest tea producer, faces sustainability challenges despite its booming tea export industry, which reached $793.78 million in 2022-23.
• The tea industry is grappling with several issues:

1) Human-Wildlife Conflicts: Many tea plantations are located near forests, which are essential for migratory elephants. This proximity leads to frequent interactions between humans and wildlife, causing damage to both property and wildlife habitats.

2) Chemical Usage: The reliance on synthetic pesticides in tea plantations—up to 85% of total pesticide use—has raised concerns over chemical residues in the final product. These chemicals, such as DDT and Cypermethrin, pose significant health risks, including cancer, neurodevelopmental issues in children, and general toxicity.

3) Labor Issues: The working conditions for tea plantation workers, many of whom are women, remain hazardous. Despite the Plantations Labour Act of 1951, labour safety regulations are poorly enforced, leading to inadequate protective measures for workers and persistent underpayment.

Sugar Industry’s Environmental Impact

• India is the second-largest sugar producer globally, contributing about a fifth of global production. Sugar exports, which grew by 291% from $1.17 billion in 2013-14 to $4.6 billion in 2021-22, play a vital role in rural employment. However, the sugar industry faces severe sustainability challenges:

1) Water Usage: Sugar cane cultivation is highly water-intensive, requiring between 1,500 to 2,000 litres of water for just 1 kg of sugar. Sugar cane and paddy together consume 60% of India’s total irrigation water, exacerbating groundwater depletion and reducing water availability for other crops.

2) Land Conversion and Biodiversity Loss: The increasing expansion of sugar cane cultivation, particularly in states like Karnataka and Maharashtra, has led to the conversion of natural ecosystems such as grasslands and savannahs, contributing to biodiversity loss and intensified water usage.

3) Labor and Working Conditions: Poor working conditions, long hours, and physical and mental strain from extreme temperatures affect sugar industry workers. Debt cycles and lack of financial support further contribute to their vulnerability.

Millets: A Sustainable Alternative

• In contrast to the challenges faced by tea and sugar, millets present a sustainable agricultural option. Known for their resilience to harsh conditions, millets require fewer resources and help preserve soil health.
• They are gaining recognition for their ability to enhance both ecological sustainability and nutritional security.
• India’s millet exports have grown significantly, with shipments valued at $75.45 million in 2022-23, up from $26.97 million the previous year. This rise in demand highlights the potential of millets as a sustainable agricultural commodity, offering both economic benefits and environmental resilience.

Balancing Growth and Sustainability

• India’s agricultural sector operates in a unique context, with high domestic consumption and rapidly growing exports.
• While this dual focus on production and export can benefit both producers and consumers, it also raises concerns about the ecological and social sustainability of the industry. Increasing dependencies between supply chain actors often compromise environmental and social outcomes.
• Success stories, like the growing millet export market, demonstrate how sustainable practices can be integrated into agricultural growth. However, there is an urgent need to address the environmental impacts and safeguard the health and safety of workers and consumers alike.
• More focused efforts are required to create an inclusive agrarian economy that benefits both local communities and global markets.

Novo Nordisk Seeks to Ban Compounded Versions of Semaglutide

GS 3: Economy: Regulating Compounded version of drugs

Why is it in the news?

• Novo Nordisk, the Danish pharmaceutical company behind the popular weight-loss drug Wegovy and diabetes medication Ozempic, has raised alarms about the safety risks posed by compounded versions of its drugs.
• The company has filed numerous lawsuits and asked the US Food and Drug Administration (FDA) to take action against compounding pharmacies that create their own versions of these medications.
• With the growing demand for these drugs, compounded versions have become common in the U.S., but Novo Nordisk warns that they could be dangerous, citing reports of deaths and hospitalizations linked to these copies.

FDA Regulations and Compounding Practices

• The FDA allows drug compounding, where licensed pharmacists or physicians mix or adjust medications to meet patient needs, especially when branded formulations are in short supply. However, this practice has raised concerns for drugs like semaglutide, the active ingredient in Wegovy and Ozempic.
• Novo Nordisk has requested the FDA to place semaglutide on the Demonstrable Difficulties for Compounding (DDC) list, which would restrict pharmacies from compounding the drug, particularly when commercial versions are available.
• The FDA considers factors such as stability, bioavailability, and sterile handling when evaluating drugs for this list.

Challenges in Replicating Semaglutide

• Novo Nordisk has outlined several concerns about the challenges in accurately replicating semaglutide. The drug is made using yeast and recombinant DNA technology, which gives it specific properties that are difficult to replicate synthetically.
• The company warns that compounded versions may differ in purity, stability, and effectiveness, potentially leading to adverse effects.
• The FDA-approved version of semaglutide contains specific components, such as a fatty acid, which determine how long the drug remains effective in the body. Replicated versions may not perform similarly, leading to concerns about their safety and efficacy.

Issues with Delivery Mechanism

• The delivery mechanism of a drug is crucial for its effectiveness and safety. Novo Nordisk’s FDA-approved semaglutide comes with a single-use pen injector, ensuring precise dosing and reducing the risk of errors.
• In contrast, compounded versions are often sold in multi-dose vials or prefilled syringes, which can lead to inconsistent dosing and potential mistakes.
• The company cites an example where a patient accidentally took ten times the prescribed dose of a compounded version, resulting in severe nausea and vomiting. Proper delivery mechanisms are especially important as patients self-administer the drug.

Bioavailability and Effectiveness

• Bioavailability refers to the extent to which a drug is absorbed into the bloodstream and becomes effective in the body. Semaglutide naturally has low bioavailability, and compounded versions may not be absorbed properly, undermining the drug’s intended effects.
• This raises serious concerns about the effectiveness of compounded semaglutide in treating obesity and diabetes. Inadequate treatment could lead to serious complications, including heart attacks, strokes, nerve damage, kidney disease, and even amputations.
• Novo Nordisk has emphasized that compounded versions may not meet the bioavailability requirements for effective treatment.

Contamination and Stability Risks

• Novo Nordisk has also raised concerns about contamination and stability risks associated with compounded semaglutide. The drug requires specialized facilities and equipment to be compounded safely.
• The company has highlighted incidents where pharmacies failed to maintain sterility standards, leading to recalls of semaglutide products. In 2022, the FDA found sterility issues at a compounding pharmacy, which led to the recall of more than 15,000 injectable units of semaglutide.
• Additionally, semaglutide is a temperature-sensitive drug, and improper storage—such as keeping it at temperatures above 30°C or freezing it—can compromise its stability, further increasing the risk of contamination and ineffectiveness.

Conclusion

• Novo Nordisk’s request to limit the compounding of semaglutide reflects concerns about safety, efficacy, and potential health risks to patients.
• The company’s efforts highlight the complex nature of replicating semaglutide’s formulation and the risks associated with inadequate manufacturing and handling practices.
• As the demand for drugs like Wegovy and Ozempic continues to rise, ensuring that patients receive safe, effective treatments is paramount.

Samantha Harvey Wins 2024 Booker Prize

GS 1: Miscellaneous: Awards

About the news

• British author Samantha Harvey won the 2024 Booker Prize for her novel Orbital, a story set during a single day aboard the International Space Station, written during the COVID-19 lockdowns.
• Harvey’s fifth book became the top-selling on the shortlist, outpacing the sales of the past three Booker winners combined, as readers were captivated by her portrayal of Earth’s beauty from space.
• Judges praised her writing for its “intensity of attention to the precious and precarious world,” while Harvey noted that the isolation of her six characters in space mirrored the experience of lockdown.