Open Access Research Article
IMPACT OF HUMAN RIGHTS ON SCIENCE & TECHNOLOGY
Published Paper
Article Details
IMPACT OF
HUMAN RIGHTS ON SCIENCE
&
TECHNOLOGY
AUTHORED BY
- TEJAL MILIND GUJAR
CLASS: LLM
IIND YEAR, SEM: IIIRD
ROLL NO.-
16
PROGRESSIVE
EDUCATION SOCIETY’S MODERN LAW
COLLEGE,
PUNE
Abstract
There
is a close relationship between science and human rights. Although it has been
recognized for decades by international law, the right to enjoy the benefits of
scientific progress and its applicability has only recently received minimal
recognition as a human right by intergovernmental organizations. Human rights
are at the center of the international community's efforts to address pressing
global issues when science, technology, and development are approached from a
human rights perspective. In order to provide a comprehensive analysis, the
paper first addresses the pertinent international human rights instruments,
such as laws, rules, declarations, and conventions.
Human
rights approaches are presented in the paper's doctrinal and qualitative
analysis in order to shed light on the moral implications of emerging
technologies and look into how policy can keep up with the rapid advancement of
science. The report also suggests that in order to prevent conflicts between
science and human rights, the international community should support regulatory
procedures.[1]
Keyword: International
law, digitalization, ICT, science, and human rights
Introduction
The relationships between
humans and their surroundings changed and underwent significant upheavals with
the development of science and technology. Technology and science have both
constructive and destructive effects. The realization that there are not enough
resources to support the needs of the world's rapidly expanding population led
to the initial push for scientific development. The needs were not met by the
outdated, traditional methods, and issues like famines, droughts, and food
shortages grew worse. The Malthusian theory of population suggests that
"the power of population is so superior to the power of the earth to
produce subsistence for man," and it seems to be quite relevant in this
context. Man had no choice but to turn to science as a remedy because of this and
technology for its demise. As time went on and science and technology made
astounding advancements, grave concerns were raised about the application of
these newfound advances, particularly in relation to human rights. Since
technology has taken over every aspect of life, it has become apparent that its
unchecked power gives those in positions of authority tremendous influence over
others. Wide-ranging, uncontrollable, and unthinkable consequences were
realized.Very fundamental human rights issues have arisen as a result of the
rapid spread of extremely sophisticated technology.Human rights concerns had
previously centered on the fundamental concerns of freedom of speech and
thought, the right to inherit, and the manipulation and abuse of those rights
by the police and other authorities. However, as technology advanced, new
issues emerged.which were believed to leave the lasting imprints on human body,
mind, environment and the human society.[2]
Meaning and concept: Interplay between Science,
Technology
and Human Rights
Firstly, let us examine
the definition of science and technology before going into further detail about
the impact. "Knowledge obtained through study or practice covering general
truths of the operation of general laws, especially as obtained and tested
through scientific method and concerned with the physical world," is how
Webster's New Collegiate Dictionary defines "science." Conversely,
the word "technology" refers to the methodical approach to an artistic,
formal, or skillful endeavor, or to a way of carrying out a task, particularly
when employing technical procedures, techniques, or expertise. Though they may
seem like simple ideas after reading the definition, they are actually
extremely potent forces that have the ability to either challenge or change the
course of human history.
Understanding the
interactions between science, technology, and human rights is therefore even
more crucial.According to C.G. Weeramantry's article, it took until recently
for people to realize that, like all other aspects of power, scientific and
technological power needed to be governed by the law. And it had already put
them well behind in the race by the time attorneys or the law addressed it. He
explains the antiquated nature of legal concepts with a brief example.
According to him, the definition of trespass, which was previously only
understood in the physical sense, has changed somewhat in the technological age
because it is now possible for someone to alter someone's integrity, image, and
personal information without actually entering their home.. Since science and technology have
advanced at an exponential rate, new solutions are outdated before they are
even implemented.[3]
Need to
research the Effects
As was previously
mentioned, the new technologies presented enormous challenges, which were made
worse by the expansion of the large corporate entities that were the
technology's owners. These corporate entities combined wealth and technology to
control national finances, producing results that exceeded individual
expectations. The fact that these houses were solely focused on turning a
profit and spent enormous sums of money developing new technologies, totally
disregarding human values, added another layer to the issue.
The development of
advanced military technologies opened the door for partnerships between
technology developers and consumers. Technology has impacted nearly every
aspect of life, including food, health, the environment, and reproduction.
These interactions have had more negative than positive effects. There are
numerous human rights issues as a result of the legal system's incapacity to
address the issues brought about by technological advancement.[4]
The original
notion of using Science and Technology to advance Social and Human Welfare, or
the Scientific Temper
Technology development
was initially seen as a blessing as we advanced the accomplishments of human
resource development. The human rights instruments addressed, from a positive
perspective, the issues surrounding human rights, human dignity, and integrity
that have been raised by scientific and technological advancements.
The Universal Declaration
of Human Rights, Article 27(1), recognizes that everyone "has the right to
share in scientific development and its benefits."Similar language was
used in the International Covenant on Economic, Social, and Cultural Rights'
Art. 15(b), which emphasized the full realization of this right to development
and freedom both of which are essential for scientific research while
confirming the right to benefit from scientific advancement and its
applications. Developing a scientific temper, humanism, and a spirit of inquiry
and reform are stressed even in Article 51A (h) of the Indian Constitution.[5]
Discussions
about "Development": Materialism vs. Quality of Life
It is evident that during
the early stages of the development of human rights, the necessity for
increasing amounts of technology and science was unquestionably stated, but the
potential risks of scientific advancements were either not stated or not
considered. However, the idea of the right to development eventually served as
a spur for the achievement of human rights. In the United Nations Millennium
Development Goals (2001), the United Nations Declaration on Social Progress and
Development (1969), and the United Nations Declaration on the Right to
Development (1986), development was portrayed as a process that realizes all
human rights, including civil, political, economic, social, and cultural
rights.
It was decided that
"development" was a broad term that included social, cultural,
political, and economic processes. Its goal was to continuously improve
everyone's well-being by allowing everyone to actively, freely, and
meaningfully participate in development and in the equitable distribution of
the benefits that resulted from it. At the Vienna Conference in 1993, it was
decided to recognize the right to development as a human right. The word
"development" was given a proper definition that encompassed a
concept that goes beyond the expansion of the nation's and its citizens'
material well-being or economic growth.
It was believed to
encompass the rights to food, health, education, and other necessities. Academic
debates about development quality of life versus materialism opened the door to
the idea that unrestricted, uncontrolled technological advancement will not be
permitted at the expense of fundamental human rights in the name of progress.
In the sake of development, there was a sense that technological advancement
needed to be restrained and controlled.
The concept
of Human Rights is acknowledged in the field of Science and Technology.
There were significant
issues arising from the rapid and uncontrolled advancement of technology, both
nationally and globally. While domestic legislation could be implemented,
states appeared hesitant to submit to international regulations and norms, so
while the problems were the same, their severity was greater. Two areas can be
used to examine how the concept of human rights is recognized in the fields of
science and technology:
Worldwide
Instruments
It took some time for
international law to adapt because it was not prepared to handle the new
problems brought about by scientific and technological advancements.
Additionally, the states4 had a stake in the specific technology, which would
have impeded their interests if it had come under international regulation. It
is significant to remember that the 1968 International Conference on Human
Rights in Tehran, Iran, took the initiative to bring the issue of how
scientific and technological advancements affect human rights before the UN for
the first time.
As per the suggestions
made during the conference, the United Nations General Assembly passed a resolution
requesting the Secretary-General to carry out "ongoing and
multidisciplinary research, both domestically and globally, that could provide
a foundation for formulating suitable guidelines to safeguard fundamental
liberties and human rights." Advanced science and technology advancements
were to receive particular attention concerning:
- regard for people's right to privacy as well as the
integrity and sovereignty of nations in light of advancements in recording and
other technologies;
-safeguarding the integrity of the human psyche, body, and
mind in light of developments in biology, medicine, and biochemistry;
- the uses of electronics that could violate someone's rights
and the restrictions that ought to be placed on them in a democracy; and, more
broadly,
- the proper balance to be struck between the advancement of
science and technology and humankind's intellectual, spiritual, cultural, and
moral development.
This resolution
emphasized the risks that advances in technology posed to fundamental freedoms
and human rights. In this context, the Proclamation of Tehran takes on
significance as it established, for the first time, that technological and
scientific advancements may jeopardize people's rights and freedoms and
necessitate ongoing oversight. A study of the issues pertaining to human rights
that result from advancements in science and technology should be conducted,
the Conference recommended in resolution XI, for the various UN organizations.
Resolution of the General Assembly: The UN General Assembly invited the
Secretary General to conduct a study of the issues pertaining to human rights
resulting from developments on December 19, 1968, through Resolution 2450
(XXII).
Based on the suggestions,
the Secretary General created an additional report that resembled a draft
program and presented it to the Human Rights Commission during its 26th session
in 1970. The result was Resolution 10(XXVII) dated March 18, 1971, in which the
Commission linked the issue to the requirements of the Second UN Development
Decade.The same Declaration urged all states to work together to help
developing nations establish, grow, and advance their scientific and
technological capacities in order to hasten the realization of their citizens'
social and economic rights.[6]
Technology has had a
variety of effects, from the peaceful influx of beneficial technologies to what
Dr. Egziabher has called the "violent entry" of technologies that cause
destruction. This has had a profound and widespread impact on lifestyles that
have been maintained for centuries, if not millennia. As a result, the General
Assembly of the United Nations adopted the Declaration on the Use of Scientific
and Technological Progress in the Interests of Peace for the Benefit of Mankind
(resolution 3384 (X X X) of November 10, 1975) in 1975 in response to growing
awareness of the issues at the intersection of the expanding fields of
technology and human rights.
This Declaration urged
all states to take the necessary steps to stop the use of scientific and
technological advancements to restrict or obstruct an individual's ability to
exercise their fundamental freedoms and human rights, as guaranteed by the
International Covenants on Human Rights, the Universal Declaration of Human
Rights, and other pertinent international agreements. Ten years later, the Commission on
Human Rights addressed the application of scientific and technological
advancements for the defense and advancement of fundamental freedoms and human
rights in Resolution 1988. It invited the UNU to investigate the advantages and
disadvantages of scientific and technological advancements for human rights and
fundamental freedoms, working with other interested academic and research
institutions.[7]
Internal
Tools
The "Poona
Indictment," which was adopted at a meeting of the World Order Models
Projects held in Pune in July 1978, was made possible by the developing
countries' profound concern. The statement "Technology and Science
Perversion: An Indictment" It mentioned, among other things, drug testing
among the underprivileged and the employment of 50% of research scientists in
the field of military R&D. The Indian Constitution, specifically Article
51A (h), emphasizes the importance of fostering a scientific temperament,
humanism, and a spirit of inquiry and reform.
Despite this, India has
struggled to keep up with technological advancement. Nevertheless, it has
legislation in relevant areas, such as the Prenatal Diagnostic Techniques Act
of 1994, the National Organ Transplant Act of 1984, the Environmental
Protection Act of 1986, and the Human Ethics Committee at the Rajiv Gandhi
Centre for Biotechnology, which operates within the framework prescribed by the
Indian Constitution. The Indian Council of Medical Research and the Department
of Biotechnology, Government of India, have also established guidelines for
research on human subjects, and the Information Technology Act has been enacted
at a rapid enough pace to keep up with technological advancements.[8]
Science and
technology's effects
According to C.G.
Weeramantry's book, the problems have become more urgent due to the remarkable
advancements in science and technology that have persisted unabatedly. He goes
on to say that the problem's scientific and practical aspects are both growing
more pressing, and when these two elements come together, the problem's urgency
and scope exponentially increase. According to him, the issue cannot be ignored
any longer in the interest of improving humankind since scientific and
technological advancements have increased their ability to have a positive or
negative impact on human society. This power will grow with each year that goes by, and it will
become increasingly urgent to use it for the sake of human rights. He goes on
to explain that as science and technology continue to advance, the issues we
are trying to solve will get worse. He gives the following example to
demonstrate his point: the issues we face in the early 1990s are far more
serious than they were in the early 1980s, he claims, since everyone has the
legal right to food and a clean environment. Examining the function of science
and technology and how it affects human rights thus becomes crucial. There is
no longer a smug belief that science and technology are interchangeable.
As a result, people no
longer view the choices made in connection with their adoption as impartial and
value-free. Instead, they elicit strong support or opposition, elicit strong
feelings, and, in fact, turn into significant political issues. The debates
surrounding these choices bring up important questions about whether society
should and can control science and technology, or if these fields determine how
they develop on their own. Solutions that work for one society might not work
for another. Choosing the right scientific and technological models for a
particular society has a direct impact on human rights issues.[9]
Constructive
Role
"Productive patterns
of interaction among all members of the international community" can be
produced with unparalleled ease thanks to science and technology. A crucial
area of focus in the effort to better the human condition is human rights.
Persistent peace requires such an improvement, as the Secretary-General notes.
Unquestionably, scientific and technological advancements have strengthened the
human rights movement in that they have made it possible for basic human rights
like the right to food, health, and education to be realized. These rights were
made possible by these developments.
The greatest medical and
therapeutic methods are available to humans; the green and white revolutions,
which increased food production through the use of pesticide-resistant manures,
irrigation systems, and high-yielding varieties of seeds, respectively, and
increased milk productivity through the use of cow germ line engineering after
the 1960s, helped India address issues such as food scarcity, which was the
main post-independence problem. Without a doubt, science and technology have
brought about a number of material comforts that have improved people's quality
of life. These include better medical facilities that have improved life and
alleviated some of the worst human suffering, improved accessibility in terms
of transportation facilities, and information availability (a large amount of
data can be generated through the internet).[10]
Adverse
Role
Human rights are being
denied in a desperate and unstable way in the face of advances in science and
technology. Unprecedented advances in science and technology have made it
impossible to postpone any longer without endangering the future of the human
race.Some of the major issues that impact human rights are the concept of dual
use of technologies, the impact of unrestrained use of natural resources, the
development of weapons and methods of warfare, new techniques for torturing
people, and methods of deprivation. These issues strike at the core of what has
been recognized as basic human rights: human dignity, integrity, and
well-being. The detrimental effects of these technical developments have been
addressed under particular and relevant human rights concerns.[11]
Principal
Concerns/Ethical and Legal Issues
One must be selective in
addressing a problem as big and serious as the interplay between science,
technology, and human rights. Because of this, this assignment addresses the
effects of science and technology in a few subheads that are particularly
pertinent and immediately relevant to large segments of the world's population.
Regarding the effect of technology on human rights, the heads covered provide
insightful information.[12]
Advances in
Biotechnology
The development of
biotechnology has made it possible to experiment on humans, on fetuses, sell
and hire human organs, use of untested drugs, torture techniques,
psychosurgery, personality tests, genetic engineering, selective breeding, and
pre-selection of sex. Important moral and human rights concerns are brought up
by sperm and egg banks, in vitro fertilization, embryo transplantation, and
foetus farms.[13]
·
Human Cloning
The process of cloning
indicates the taking of a cutting, and also includes nuclear transfer, of genetically
identical animals. Nuclear transfer involves removing the chromosomes from an unfertilized
egg and replacing them with nucleus from the donor cell. As it is the transfer
of nucleus that determines almost all of the characteristics of the resulting
offspring, a clone will resemble its parents, i.e. the animal from which the
donor cell was taken. 16 no doubt there is positive consequences such as coding
for genetically inherited diseases and unresolved diseases for eg. Early
detection of cancer. But it raises number of ethical and human rights issues.
Should the alteration of germ cells which results in a permanent genetic change
for whole organism and subsequent generations be allowed?
Is it permissible for
humans to reproduce clone organisms from individual genes, as has been
successfully done with mice and sheep? How can the production of
"humoniods" (human-species hybrids) be stopped? These inquiries
strike at the very core of what it means to be human, including one's integrity
and sense of dignity. It also brings up issues like "biopiracy," or
the export of novel genes outside of the nation, which is problematic for
developing nations with abundant biological diversity because it can stop them
from using them for personal gain.[14]
• Innovative Reproductive Methods
Women who are unable to
have children through the conventional biological process have benefited
greatly from technological advancements. They can now have test tube babies
that grow inside the surrogate mother's womb. The fundamental question it poses
is: Who is the mother, and can a child ever claim property owned by a surrogate
mother? Even though they are more legally significant, they also raise
important questions about fundamental human rights. The idea of surrogacy
completely eliminates the social heir phenomenon, in which a couple unable to
have a child would adopt, but because of advances in technology, which render
women incapable of bearing children, the wealthy and fitter ones might choose
to become rental mothers in order to protect themselves from pre and post natal
discomfort.
Artificial insemination
is another aspect of technological advancements in reproductive techniques. It
allows women to become pregnant without a legal male partner acting as their husband
by using sperm banks as the marriage instrument. The question of who should be
the true heir the genetic or natural heir becomes extremely complicated.
Doesn't it go against a child's right to live in a family where both of his
parents love him? What can be done, furthermore, if a man chooses to hire a
rental mother instead of getting a child from his wife? Artificial reproductive
techniques can be used to undermine the fundamental social fabric and strike at
the heart of human rights, namely dignity.[15]
·
Drugs that Enhance Human Performance
Drugs and technologies
that enhance human performance, such as hormone replacement therapy, steroids
for athletes, and viagra, present certain concerns. The makeup of these
medications is incomprehensible to even the most knowledgeable person. The
large pharmaceutical companies fail to disclose the negative effects of these
medications, which include impulsive behavior, depression, and hormone
imbalances. Prolonged use of these medications also leads to addiction and the
degradation of one's health, which is a fundamental human right.[16]
·
Euthanasia and Life Sustaining
Technologies
While improving life was
the primary goal of medical advancement in the past, the same technology is
currently being used to administer death. It is believed that many people in
comas or living on machines can end their life with the assistance of a doctor
by injecting a lethal dose of medication.Friends and family want to free these
people from their obligations because they consider them a burden. These days,
euthanasia is a hot topic of conversation. While some think physician assisted
suicide is a waste of money because the patient won't recover, human rights
activists stress the value of protecting life and oppose it. Euthanasia raises questions about
whether the right to life is inalienable or if we treat doctors like gods with
the power to decide on a patient's fate.[17]
·
All-New Technologies for Torture
Human rights activists are gravely
concerned about new technologies used in torture, such as electric shocks,
drugs that cause trauma, and psychotropic drugs. Up until recently, there was a
lot of misuse associated with brain mapping, psychosurgery, and narcotic
analysis tests. Drugs that cause specific psychological reactions like terror,
fear, or disorientation, as well as carefully calibrated electrical shock, are
some of the new tools of torture. Pharmacological torture is another option;
this may result in momentary paralysis.19 The presumption of innocence until
proven guilty is the fundamental legal tenet upon which the criminal justice
system is built, but these tactics have called into question this very
foundation.
Under the 1984 Convention
on the Protection of All Persons from Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, Article 5 of the UDHR, Article 7 of the
ICCPR, and other legal instruments forbid degrading and inhuman torture.[18]
·
The
Human Society: Concerned Issues Life, Knowledge, Peace, and Well-Being
Every aspect of human existence has been impacted by
technological advancement. The interest of society has been compromised because
the new area of information exchange requires the proper information to be
disseminated. Since inadequate information can endanger human life, the right
to information determines other rights as well, such as the right to health.[19]
·
Information Access, Regulated Thought
and Expression
The global dissemination
of information has been strengthened by new information technologies. It has
improved communication and uplinked every corner of the globe. All libraries
are accessible, which has benefited scholars everywhere. However, it has also
led to issues like the right to privacy. These days, it's actually not
necessary to physically invade someone to interfere with their life online and
negatively impact the person whose rights have been violated. Copyright violations and piracy are
among the issues. The internet is also used to spread pornography and to
encourage other hate crimes like terrorism, xenophobia, and racism. A commission
on the ethics of scientific knowledge and technologies was suggested during the
1997 Monaco International Congress on Ethical, Legal, and Societal Aspects of
Digital Information.[20]
·
Foods
Made With Genetic Modifications
Food production, storage, and security have all improved
thanks to science and technology. The issue of food scarcity was brought to
light by the Universal Declaration on the Eradication of Hunger and
Malnutrition in 1974 and the UN Millennium Development Goals in 2001, which
paved the way for the introduction of biotechnology in agriculture. The
implications of genetically modified food have given rise to discussions like
the BT brinjal. BT cotton was widely used up until recently, when it was found
to be the cause of the extinction of monarch butterflies in the United States.
Since many scientists argue that genetically modified food shouldn't be
permitted because the consequences are still being studied, genetically
modified food involves the fundamental human right to life.[21]
·
Ways and Means of Fighting
Weapons of mass
destruction like biological and nuclear weapons have the potential to wipe out
the human race. Human existence itself is in danger, let alone issues of
integrity and dignity. The war is still raging in spite of the 1975 UN Declaration
on the Use of Scientific and Technological Progress in the Interest of Peace
and for the Benefit of Mankind. Despite the fact that nuclear warfare has
consequences and has been demonstrated by the bombings of Hiroshima and
Nagasaki, nations continue to spend billions of dollars developing
ever-more-advanced weaponry.[22]
?The surroundings of humans
The topic of environmental degradation is very broad.
Actually, the environment has suffered the most from technological advancement.
Unrestricted scientific and technological progress has resulted in issues like
ozone depletion, deforestation, acid rain, desertification, water, air, and
land pollution, and the extinction of diverse flora and fauna. The release of
radioactive and toxic wastes violates the most fundamental human right to life.
According to estimates from the World Health Organization, environmental
factors cause between 75 and 85 percent of cancer cases.The Rio World Summit on
Environment and Sustainable Development, 1992 documents, including the Agenda
21 Convention on Biodiversity and the Stockholm Declaration on Environment and
Development, 1972, have highlighted the seriousness of the issue and offered
pertinent solutions so that humanity can survive on this earth.[23]
From an Indian perspective, science and technology in
relation to human rights
We
are living in a time of myth-making about technology fixes. The use of
technology to replace human labor is strongly supported by corruption,
inefficiency, and "leakages." In an environment where technology is
widely used but relatively few comprehend its implications, applications, or
value, technology is readily viewed as impersonal and detached from the human,
social condition and its imperfections.
The depths to which
public morality has descended inspire desperation, which looks for solutions
elsewhere, namely outside of the human person, where the problem currently
resides. In the land of hopeless optimism, technology and machines can appear
largely uncorruptible. Technology's potential intrusiveness is mitigated by the
degree to which its temptations have subverted concepts of fraud, privacy,
confidentiality, and personal security. It appears that this has set the stage
for a technological remedy.
This paper focuses on
just three areas among the many science and technology-related topics that are
covered. These are-
A. Clinical trials conducted in India
B. UIDAI's effectiveness in India
A. Clinical trials conducted in India
India is now known to be
a desirable location for clinical trials. However, the nation's history in the
field of clinical research is lengthy. Ayurveda is a traditional medicine with
a long history in India. The old books offer thorough advice on treatments as
well as in-depth observations on illnesses. These descriptions most likely stem
from firsthand observations made by the traditional Ayurvedic practitioners.
Nevertheless, no clinical experimentation is known to have occurred, according
to the old manuscripts. As a result, one must rely on India's recent history of
medical research.[25]
An Overview
of History
The Indian Council of
Medical Research's significant historical accomplishments are indicative of the
nation's medical research landscape's expansion and evolution over the past 80
years. The Indian Research Fund Association (IRFA) Governing Body met for the
first time on November 15, 1911, at the Plague Laboratory in Bombay. Sir
Harcourt Butler served as the meeting's chairman. Establishing a journal for
Indian medical research was decided upon historically at the Governing Body's
second meeting in 1912. Numerous initiatives on kala azar, beriberi, malaria,
and indigenous drugs were started between 1918 and 1920. 1945 saw the
establishment of the Clinical Research Unit, the first IRFA research unit
connected to a hospital-The Indian Cancer Research Centre in Bombay is where it
was founded. The Indian Council of Medical Research replaced IRFA as the
organization's name in 1949. During the course of the following 60 years, the
ICMR established numerous national research centers in the areas of traditional
medicine, genetics, AIDS, toxicology, cancer, tuberculosis, leprosy, viral
diseases, cholera, enteric diseases, nutrition, and reproductive disorders.
On September 10, 1996, the Central Ethical Committee of ICMR on Human Research, which was established and is chaired by Hon'ble Justice (Retired) M.N. Venkatachaliah, convened for the first time. A number of subcommittees were established to address ethical concerns in particular fields, such as human genetics, organ transplantation, clinical evaluation of products to be used on humans, epidemiological research, etc. In 2000, the committee published Ethical Guidelines for Biomedical Research on Human Subjects, and again in 2006.
The regulatory guidelines
for clinical trial (CT) permission were established by the Drugs and Cosmetics
Act's Schedule Y, which went into effect in 1988. The schedule did compel the
pharmaceutical industry to carry out Phase III clinical trials in order to
register a new medication and encouraged the expansion of India's generic
pharmaceutical market.This schedule, however, only allowed clinical trials at a
level below its current global status. India's integration into international
clinical development was hampered by this phase lag.
The revision of Schedule Y in January 2005 was the next significant step. The revised Schedule Y 2005 offered practical definitions for Phase I through IV of clinical trials, in contrast to the narrow and constrictive definitions found in Schedule Y 1988. Clinical trial phases have well-defined and logical guidelines and definitions. Schedule Y of 1988's previous limitations on the number of patients and centers in the initial stages were lifted, giving the sponsor company more leeway to determine how these related to protocol requirements. Phase lag requirements were abandoned in favor of concurrent Phase II–III clinical trials conducted worldwide.
Indian GCP guidelines of 2001 were also made legal by Schedule Y 2005. It outlined the GCP obligations of the sponsor, investigator, and ethics committee (EC) as well as the recommended formats for important records like reports, consent forms, and EC approval forms and reports of serious adverse events. These Schedule Y changes have been a significant advancement toward GCP-compliant trials and have given GCP guidelines the much-needed regulatory support.
Although the World Medical Association's Declaration of Helsinki provides the fundamental ethical standards for conducting clinical trials. However, the Indian Council of Medical Research (ICMR) has established guidelines, and those conducting trials are not required by law to follow them. The International Conference on Harmonization's 1996 Good Clinical Practice guidelines must also be followed during trials.
However, it was felt that
we needed to create our own Indian Guidelines in order to guarantee the same
caliber of clinical research across the nation and to produce the necessary
data for new drug registration prior to use in the Indian population. This has
been developed by an Expert Committee that the Central Drugs Standard Control
Organization (CDSCO) established after consulting with clinical experts.[26]
The Procedure for Trials
The drugs go through
multiple stages of development before being tested on humans. The trials are
approved and governed by government agencies, and they are carried out only
after it has been demonstrated beyond a reasonable doubt that animal
experiments are safe. "Drug development is a long, complex, and expensive
process; on average, it takes around 12 to 15 years to develop a new medicine
for human use," said Dr. Bhatt of the ISCR. Only drugs that pass
laboratory safety and efficacy testing are subjected to clinical testing. Out
of the 10,000 compounds that have been identified as potential drugs, only
about ten are tested on humans, and only one of these could make it to market.
In short, when a new drug
is discovered, clinical trials can be conducted in India with permission from
the regulatory body, the office of the Drugs Controller General of India
(DCGI). The approval of an ethics panel is given. (An independent or
institutional body made up of professionals like sociologists, pharmacologists,
and lawyers that has at least seven members. This body is responsible for
safeguarding the rights, welfare, and security of a trial subject. Informed
consent forms, trial design, and insurance coverage should all be checked.) The
Clinical Trial Registry of India (CTRI) has it listed as a medication that is
being tested in India. Trial management is the responsibility of the
investigating agencies, which could be CROs or nonprofits. trial location following
which marketing
licenses are issued.
At present, there is no explicit provision in the Drugs and Cosmetics Rules concerning payment of compensation in case of harm or death resulting from a clinical trial. In accordance with the Good Clinical Practice (GCP) Guidelines for Clinical Trials of India, a research subject who suffers physical harm as a consequence of taking part in clinical trials is entitled to financial or other assistance to fairly compensate him for any impairment or disability, whether temporary or permanent, subject to confirmation from the Ethics Committee. In the event that the subject passes away, their dependents are entitled to payment.[27]
B. UIDAI's effectiveness in India
In 2006, the government
and other social groups felt strongly that it was necessary to identify those
who fell into the BPL category. Finally, on January 28, 2009, an executive
order issued by the Planning Commission established the Unique Identification
Authority of India (UIDAI).
The project, formerly
known as the UID Authority of India and later renamed AADHAAR, intends to build
a database containing a distinct identity number for each citizen of the
nation, verified through iris and fingerprint scans. Proponents, headed by
UIDAI chairman Nandan Nilekani, assert that it will help the impoverished and
homeless connect with the government, as well as improve government programs'
inclusivity and efficiency.
Every Indian citizen will
receive a unique 12-digit number called "Aadhaar" as part of the UID
project, a national initiative of the Indian government. This number is
generated at random and is connected to a person's biometric and demographic
data. The project's proponents think that this will close the corrupting loops
that have developed over time, as well as the numerous bureaucratic layers that
the nation's citizens especially the impoverished in rural areas must deal
with. They also think that this will remove the numerous documents that these
citizens must produce in order to obtain their rightful entitlements.[28]
Although it appeared to be a very good project at first, it has also included a fair share of fallacies, which have been actively promoted by Ms. Usha Ranganathan, a socio-legal activist. That is the major topic of this essay.
She used the terms
"unique," "ubiquitous," and "universal," which
all represent the objectives of the Unique Identification Authority of India
(UIDAI). She gave an example of how their original goals and assertions had
been significantly changed in numerous
•
According
to the UIDAI, enrollment is inclusive because it is voluntary rather than
required. However, Nandan Nilekani has always insisted that it might be
required by other organizations. UID is becoming widely used and is required to
access many different welfare programs and services, including PDS, MGNREGS,
banks, public health,
and so forth. Thus, it is evident that individuals without a number or whose
biometrics are inoperable may be excluded by this. Consequently, this calls
into question the project's inclusiveness.
•
According
to the UIDAI, inclusive growth would be made possible by the UID. Approximately
2.5 to 5% of Indians would not be able to obtain a UID number or be included in
the current authentication process because they lack valid biometric data. This
would be the opposite of encouraging inclusion. People with physical or visual
impairments that prevent them from providing valid fingerprints or iris scans
include corneal blindness, corneal scars, malnourishment-induced cataracts, and
"low-quality" fingerprints from a lifetime of hard work. Because a
sizable portion of the population depends on manual labor, biometric failure is
predicted to reach 15%.
• A third party would determine each person's identity. The manner in which an Adivaasi is introduced by a third body, like the UID, determines his existence and how the state perceives him. Although we have our own identities now, the world will recognize us in the future as being projected by a third body that is unknown, alien, and distant a UID.[29]
A registrar receives the ID number of every individual. The registrar is free to gather any extra data they so choose. The registrar is free to choose what kind of data should be gathered. As a result, this information is shared among numerous people and will be remembered by numerous others.
• The National Identification Authority India Bill, 2010 forbids data sharing unless the resident agrees, a court order is issued, or for defense of the country.Nevertheless, UID data is being fed directly into the National Intelligence Grid (NATGRID), which will then supply eleven security agencies—including the RAW and IB, over which there is no supervision or oversight—with information about individuals contained in 21 databases. She talked about how unlikely it is that someone's privacy will be violated because there aren't enough rules in place to shield people from illegal invasion. Furthermore, there are no procedures in place at the UIDAI to notify a person in the event of a data breach.
Finally,
Ms. Ramanathan spoke about the global experience with universal identity
systems. Their universal system of identification has been called both "an
assault on personal liberties" and "intrusive bullying" in the
United Kingdom. Both the United States and the United Kingdom gave up on a
universal identity system because it was risky, unworkable, and unreasonable.
According to the Parliamentary Standing Committee on Finance in India, the UID
project is "conceptualized with no clarity" and "directionless.”.[30]
C. Environment and Biotechnology
In its most basic form,
biotechnology is the process by which humans use living systems, or organisms,
to produce goods. To create tools and products, it draws on a wide range of
scientific disciplines, including biology, chemistry, physics, engineering,
computer science, and information technology. In essence, it modifies an
organism's genes to suit a particular need. The term "genetically modified
food," or "GM food," has gained a lot of attention recently. The
word "genetically modified organisms," or "GM foods,"
describes crop plants that have been developed using the most recent molecular
biology techniques for both human and animal consumption. Using this method,
the plants have been altered in the lab to increase their nutritional value and
herbicide resistance. These foods have the capacity to address numerous In addition
to aiding in increased production, transgenic plants and animals also transfer
vital amino acids, vitamins, and photo chemicals. For example, the introduction
of golden rice addressed vitamin A deficiency, and the green and white
revolutions in India helped the country become self-sufficient in the same way.[31]
Medicine is one area where biotech is frequently used.
1. A recent advancement
known as gene therapy explores human genetic material.
2. A substance used to
preserve health or fend off illness is called a therapeutic.
3. Biopharmaceuticals,
also known as designer drugs, are pharmaceuticals or vaccines created using
biotechnology.
4. Biopharming, which
combines the pharmaceutical and agricultural industries, is the process of
producing pharmaceuticals in cultured organisms.
Forestry
and Agriculture
a. Plant biotechnology
1. Make plants and the
goods derived from them better.
2. Plants resistant to
disease and insects.
3. Plants designed to
possess specific traits.
4. Lysine, an amino acid,
is produced in large quantities by corn plants.
b. Animal biotechnology
1. Enhance animals or the
goods they generate.
2. Products that support
human health may be made using animals.
3. Boost lifespan or
productivity.
4. Pigs designed to
generate hemoglobin from humans.
5. A recent advancement
called gene therapy explores the human genetic code.
c. Food and drink preparation
1. Production and
processing of goods using technology
2. Some biotech concepts,
such as the use of yeast in bread baking, have been around for hundreds of
years.
3. Genetically modified
crops, such as milk made with BGH.
Surroundings
It's the process of using
biotechnology to solve environmental issues. It's required to: get rid of the
dangerous waste that our other technologies produce.
-Recognize similar
species and make sure that no species is in danger of going extinct.
-Provide substitute
energy sources, such as biofuel.
It is currently employed in a number of
domains:
1. Molecular Ecology
using biological methods
to gain a deeper understanding of certain aspects of nature, such as DNA
fingerprinting. In order to make sure that various populations—like polar bears
and cheetahs, for example—do not face extinction, this is done to examine their
biodiversity.It can be used to better map the evolutionary development of
various animal families (currently, whales and horses) and determine whether a
new species has emerged.Examples include exaggerating the use of biofuels and
reading DNA fingerprints.
2. Restoration by Bioremediation
The process of
bioremediation involves cleaning up hazardous environmental wastes with
bacteria or fungus. The hazardous waste products are essentially transformed
into less hazardous, easily disposed of waste by the bacteria. Additionally, in
certain regions, plants are being tested to perform this function (sunflowers
at Chernobyl removed Strontium and Cesium). Current science allows for the
"engineering" of bacteria to break down hazardous waste on-site,
saving transportation and storage costs. This technology has also been used to
clean up after oil spills.
3. Biosensors
A biosensor either uses
chemicals to monitor the levels of specific biological entities (like
pathogens) or uses a biological entity (like bacteria) to monitor the levels of
specific chemicals. Currently, biosensors are employed in:
-figuring out how toxic
an ecosystem is
-Finding pathogens in the
air (like anthrax)
-keeping an eye on blood
sugar levels
4. Biofuels
Because they all emit
less carbon dioxide into the atmosphere than existing fuel sources, biofuels
made from plants are thought to be more environmentally friendly than other
fuels. For example, many gasoline varieties in North America contain corn-based
ethanol.
-Cooking oil waste is
used to make biodiesel.
-Biogas is produced from
the gases emitted by landfills or compost.
-Several biofuel
scientists are currently working on a project dubbed "A Journey to
Forever," which aims to create a self-sustaining biofuel cell that emits
no greenhouse gases. Under anaerobic conditions, a wide variety of bacterial
strains can produce large amounts of hydrogen. The only waste product from this
hydrogen, which can be used as fuel, is oxidized hydrogen, or water. Even so,
this technology is far from flawless.
Some have referred to biotechnology as "Janus-faced." There are two sides, according to this. First, methods for manipulating DNA enable the transfer of genes between different organisms. However, it involves relatively new technologies, the effects of which have not yet been thoroughly investigated and should be handled carefully. Traditional biotechnologies like the fermentation of microorganisms to make cheese, wine, and beer are widely accepted and do not raise any ethical concerns. However, there has been a great deal of public interest and scrutiny surrounding genetic engineering, a potent new technology that involves the artificial transfer of genes across species lines. Genetic engineering has drawn criticism from some quarters despite its many advantages. Fearing that dangerous, uncontrollable bacteria could be unintentionally created, some people are against genetic engineering.[32]
Conclusion
Every area of science and
technology advancement presents a unique set of challenges. They represent
serious risks that jeopardize not just human rights but also civilization as a
whole. In spite of this, they offer some of the best opportunities for any generation
to actively contribute to the future of humanity. According to C.G.
Weeramnatry's book, this is a historical moment when powerful forces that seem
to be at odds with one another are coming together. The ideological strength of
the human rights concept and the power of science and technology are two of the
most potent. Neither of these has ever had the same level of power as it does
now.
The first has the power
to weaken or even destroy the second. When combined, they can form a force
greater than anything seen in human history for the advancement of humanity.
One of the most important things we can focus on right now is studying how they
can be brought into mutual cooperation instead of confrontations. The answer is
to direct technological advancement along a path made clear by human rights,
not to downplay the advantages of science and technology or to ignore its
dangers. a real sustainable development, from which future generations can
benefit.
[2]https://humanrights.gov.au/our-work/technology-and-human-rights
[3] https://archive.unu.edu/unupress/unupbooks/uu08ie/uu08ie0l.htm
[4] https://www.openglobalrights.org/technology/
[5] https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-use-scientific-and-technological-progress-interests
[6] https://archive.unu.edu/unupress/unupbooks/uu06he/uu06he0c.htm
[7] https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1258&context=dlj
[8] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7762914/
[9]https://www.gettextbooks.com/author/C_G_Weeramantry
[10] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3190088/
[11] https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-use-scientific-and-technological-progress-interests
[12] https://pubmed.ncbi.nlm.nih.gov/21766721/
[13] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3178936/
[14] https://www.genome.gov/about-genomics/fact-sheets/Cloning-Fact-Sheet
[15]https://www.ncbi.nlm.nih.gov/books/NBK576409/
[16] https://pubmed.ncbi.nlm.nih.gov/22868973/
[17] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1121705/
[18] https://pubmed.ncbi.nlm.nih.gov/35950441/
[19] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5282611/
[20] https://rti.gov.in/webactrti.htm
[21] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3791249/
[22] https://guide-humanitarian-law.org/content/article/3/methods-and-means-of-warfare
[23] https://www.ignfa.gov.in/document/environment-and-human-rights-8521.pdf
[24] https://www.legalservicesindia.com/article/1508/Science-and-Technology-in-human-rights:-An-Indian-perspective
[25] https://en.wikipedia.org/wiki/Clinical_trials_in_India
[26] https://www.ncbi.nlm.nih.gov/books/NBK546595/#:~:text=Drug%20trials%20in%20human%20subjects
[27] https://en.wikipedia.org/wiki/Clinical_trials_in_India#:~:text=10%20External%20links-,Government
[28] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7133485/
[29] https://www.moneylife.in/article/aadhaar-who-owns-the-uid-database-part-ii/32440.html
[30] https://ainowinstitute.org/wp-content/uploads/2023/09/regulatingbiometrics-ranganathan.pdf
[31] https://pubmed.ncbi.nlm.nih.gov/31396652/
[32] https://www.farmers.gov/blog/agriculture-and-forestry-5-ways-agroforestry-can-work-you-and-your-land
Article Information
IMPACT OF HUMAN RIGHTS ON SCIENCE & TECHNOLOGY
Authors: TEJAL MILIND GUJAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/11/25
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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