1. Curbing Arbitrary Demolitions: Upholding Due Process and Constitutional Rights
Introduction:
The article discusses the rising trend of extra-legal demolitions in India, where state authorities have been using demolition as a punitive tool, often bypassing due process.
These actions disproportionately affect vulnerable groups and are seen as a violation of constitutional rights and the principles of justice.
The Supreme Court has sought suggestions to frame guidelines around such demolitions, raising concerns about the arbitrary nature of the practice and its humanitarian impact.
- The Legality of Punitive Demolitions:
- Large-scale demolitions are often employed as collective punishment in response to communal tensions or protests.
- These actions are usually justified by citing legal rulings, but many involve a blatant disregard for constitutional safeguards and due process, violating the principles of human rights.
- Recent examples include demolitions in Delhi’s Jahangirpuri and other regions, where properties were razed following communal violence or public unrest.
- The lack of a transparent and fair process undermines the rule of law and raises questions of discrimination, often targeting marginalized communities.
- Selective Application and Targeting:
- The selective nature of demolitions has disproportionately affected vulnerable groups, including religious minorities and economically weaker sections, leading to social conflict and marginalization.
- This selective use of power contradicts constitutional principles that guarantee equality, protection from discrimination, and access to justice.
- Lack of Due Process:
- International guidelines, such as the UN Basic Principles and Guidelines on Development-based Evictions and Displacement, emphasize that demolitions should follow legal safeguards and human rights principles.
- The current practice in India often bypasses the requirement for a formal legal process, including adequate notice, access to legal aid, and an opportunity for rehabilitation.
- Supreme Court’s Intervention:
- The Supreme Court of India has called for formulating pan-India guidelines to address arbitrary demolitions, calling for a multidimensional legal approach.
- A moratorium on punitive demolitions is suggested until proper guidelines are framed, ensuring that future demolitions are carried out within the legal framework and follow due process.
- Recommendations for Reform:
- Any demolition should occur only in exceptional circumstances, following established law.
- Independent committees should be involved to review proposed demolitions, especially in densely populated areas.
- A balance must be struck between maintaining public order and upholding constitutional rights.
- Rehabilitation, compensation, and adequate notice must be integral to any demolition process.
Conclusion:
The issue of punitive demolitions highlights the need for a comprehensive legal framework that respects human rights, ensures social justice, and maintains constitutional values.
The arbitrary use of state power in demolitions not only exacerbates inequality but also undermines the rule of law.
It is essential to ensure that demolitions, when necessary, follow due process and that the rights of affected communities are safeguarded through legal protections and adequate compensation.
Mains Practice Question: |
“The selective use of extra-legal demolitions by authorities in India has raised concerns regarding the protection of fundamental rights and the rule of law.” Critically analyze the practice of punitive demolitions and suggest measures to ensure due process in such cases.
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Points to Cover in Answer:
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2. Cautious Optimism Towards AI in Healthcare: A Critical Perspective
Introduction:
The article delves into the ambitious vision of introducing AI-powered primary care physicians across India, aiming to provide round-the-clock healthcare access. While this vision promises revolutionary advancements, the article emphasizes the need for caution in implementing AI within healthcare due to the unique human, ethical, and governance challenges posed by artificial intelligence.
- Role of Primary Healthcare (PHC) and the Risk of AI Overreliance:
- Primary healthcare aims to provide comprehensive, accessible, and community-focused care.
- AI’s introduction into PHC could undermine the personal and interactive nature of healthcare, making patients passive recipients rather than active participants.
- AI can automate repetitive tasks but lacks the empathetic and ethical dimensions of human intelligence needed for holistic patient care.
- AI’s Limitations in Healthcare:
- While AI can process vast amounts of data and predict outcomes efficiently, it lacks the capacity for nuanced decision-making, cultural empathy, and moral judgment.
- Models like Naegele’s rule, based on outdated European reproductive health data, highlight the risks of relying on historical data that may not suit the current diverse Indian population.
- AI models struggle with incomplete and inconsistent healthcare data, further complicating their application in healthcare decision-making.
- Data, Models, and Ethical Issues:
- AI-driven healthcare requires comprehensive, high-quality data, which India currently lacks. There are also concerns about data privacy, ownership, and the quality of AI recommendations.
- The human element of medical decision-making—nuanced understanding, ethical reasoning, and empathy—cannot be replicated by AI.
- AI Utility in Specific Healthcare Fields:
- AI can excel in narrow applications such as diagnostics, imaging, and disease prediction but struggles with broader, more complex healthcare challenges.
- The rise of large language models (LLMs) in medical education and research shows promise but requires stringent ethical oversight.
- Concerns About AI Governance:
- There is growing concern over the ethical complexities of AI development, particularly regarding the exploitation of patient data and the risk of harm if AI misinterprets medical conditions.
- India’s lack of AI governance frameworks, compared to the European Union’s Artificial Intelligence Act, exposes vulnerabilities in AI deployment within the healthcare system.
- AI should be implemented with a strong regulatory focus on privacy, patient rights, and accountability to avoid potential harms.
- Challenges in AI-driven Health Care:
- The article highlights several challenges: the unavailability of good-quality data, risks associated with decision-making based on incomplete information, and the potential environmental impact of AI-driven systems.
- AI cannot replicate the full spectrum of human healthcare needs, especially when dealing with moral and ethical decision-making.
Conclusion:
While AI holds immense potential for improving healthcare access and efficiency, the article underscores the need for a measured approach.
There must be robust governance, ethical frameworks, and a focus on protecting patient rights before fully integrating AI into the Indian healthcare system.
The complexities of healthcare demand a balance between innovation and caution to ensure AI serves as a supportive tool rather than a risky replacement.
Mains Practice Question:
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“Artificial Intelligence promises to revolutionize healthcare, but its integration into sensitive fields like medicine must be done with extreme caution.” Discuss the potential benefits and ethical concerns surrounding the use of AI in healthcare, particularly in India.
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Points to Cover in Answer:
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