21 January 2026: MAINS CURRENT AFFAIRS

MAINS Current Affairs includes Child Trafficking in India & Patent Rights & Public Health: What are India’s Options?

Polity

1. Child Trafficking in India

Context

Child trafficking persists as a major human rights concern in India despite strong constitutional safeguards and several statutory protections.

What is Child Trafficking?

International Definition:
- The Palermo Protocol (2000) defines child trafficking as the recruitment, transportation, transfer, harbouring, or receipt of a child for exploitation.
Indian Definition (BNS 2023):
- Section 143 of the Bhartiya Nyaya Sanhita (BNS) 2023 defines trafficking as recruitment, transportation, harbouring, transfer, or receipt of persons for exploitation.
Means include:
- Threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement.
Forms of exploitation:
- Physical and sexual exploitation, slavery, servitude, forced labour, and forced organ removal.
Key Point:
- Trafficking is punishable irrespective of the victim’s consent.

Reasons for Child Trafficking

Poverty: Families in poverty are highly vulnerable to traffickers’ false promises of jobs and better opportunities.
Lack of Awareness: Low literacy and minimal awareness, especially in rural areas, increase susceptibility to exploitation.
Migration: Unregulated internal and cross-border migration leaves individuals disconnected from community support, enabling traffickers.
Weak Enforcement: Inadequate training, poor coordination, and corruption among law enforcement worsen the situation.

Constitutional Safeguards

Article 21: Guarantees right to life and dignity.
Article 23: Prohibits human trafficking and forced labour.
Article 24: Bans employment of children below 14 in hazardous industries.
Article 39(e): Prevents abuse of health and strength of workers and children.
Article 39(f): Ensures children grow in conditions of dignity and protection.

Judicial Interventions

Vishal Jeet v. Union of India (1990):
- Court stressed a preventive, humanistic approach to trafficking and child prostitution.
C. Mehta v. State of Tamil Nadu (1996):
- Supreme Court issued guidelines to prohibit child labour in hazardous industries.
Bachpan Bachao Andolan v. Union of India (2011):
- Directed measures to curb widespread child exploitation and trafficking.
P. Kiran Kumar v. State:
- Court held trafficking severely violates children’s fundamental right to life and laid down strict preventive guidelines.

Laws Governing Anti-Trafficking Crimes

Immoral Traffic (Prevention) Act, 1956
Targets immoral trafficking and sex work; amended in 1978 and 1986.
Child Labour (Prohibition and Regulation) Act, 1986
Prohibits certain child employments and regulates working conditions elsewhere.

Bonded Labour System (Abolition) Act, 1976

Abolishes bonded labour, including child servitude, and provides rehabilitation mechanisms.
Juvenile Justice (Care and Protection of Children) Act, 2015
Deals with children in conflict with law and those needing protection.
POCSO Act, 2012
Prevents child sexual exploitation, including commercial sexual abuse.

Way Ahead

Strengthen digital surveillance and public awareness to counter online recruitment by traffickers.
Improve investigation quality and prosecution capacity to raise conviction rates.
Ensure victim-centric rehabilitation, including psychological support, education, and livelihood assistance.
Enhance Centre–State cooperation through joint task forces, integrated databases, and capacity-building measures.

Economy

2. Patent Rights & Public Health: What are India’s Options?

Context

India stands at a crucial juncture where it must balance the enforcement of Intellectual Property Rights (IPRs) with its obligation to protect public health.

Public Health and Patent Rights in India

Public health requires universal access to affordable medicines and medical technologies, while patents aim to incentivize innovation and investment in research.
As the ‘pharmacy of the Global South’, India must ensure that IP laws support both innovation and human welfare.

Constitutional and Institutional Framework

Article 21
- Guarantees the right to life, interpreted to include the right to health.
- World Trade Organization (WTO) / TRIPS
- India, as a WTO member, is bound by the TRIPS Agreement, which mandates IP protection while allowing public-health flexibilities.
- The Doha Declaration (2001) affirms the right of countries to protect public health and ensure access to medicines.
Indian Patent Law
- The Patents Act, 1970, amended in 2005, forms the basis of India’s patent regime.
- It incorporates safeguards to prevent monopoly abuse while protecting genuine inventions.

TRIPS Flexibilities and India’s Strategic Use

India uses several TRIPS-compliant tools to advance health equity:

Parallel Imports: Importing patented drugs sold cheaper abroad.
Compulsory Licensing for Export (Sec. 92A): Producing patented medicines for countries lacking manufacturing capacity.
Price Regulation: Through NPPA to maintain affordability.

These measures make India a model for developing nations seeking to balance TRIPS obligations with social justice.

Concerns & Issues in Balancing Public Health and Patent Rights

Evergreening Practices
- Pharmaceutical and agribusiness firms often seek to extend patents via trivial changes (salts, compositions, dosages) without therapeutic improvement.
- This blocks generic competition and raises drug prices.
Innovation vs Access
- Patents reward R&D, but long monopolies often make essential medicines too costly for low-income populations.
High Prices of Patented Medicines
- Patented drugs cost 10–30 times more than generics, causing widespread unaffordability.
- Millions face catastrophic health expenditure, especially for diseases like cancer and hepatitis.
Limited Use of TRIPS Flexibilities
- Despite TRIPS allowances, India has granted only one compulsory license since 2012, largely due to political pressure and fear of trade retaliation.
External Pressures
- Developed countries, particularly the US and EU, demand stricter IP enforcement.
- India’s presence on the USTR Priority Watch List reflects continued foreign scrutiny, challenging India’s sovereign IP policymaking.
Weak Healthcare Infrastructure
- Uneven drug distribution in rural areas, dependence on private care, and limited public procurement hinder access to life-saving medicines.
Domestic R&D Gaps
- India invests less than 1% of GDP in R&D, far below developed nations.
Abuse of Dominance by Patentees
- Tactics such as high licensing fees, supply restrictions, and patent clustering hinder generic entry, potentially violating the Competition Act, 2002.

Balancing Public Health and Patent Rights in India

Preventing Evergreening (Section 3(d))

- This provision blocks patents on new forms of known substances unless they provide enhanced therapeutic efficacy.
- It prevents corporations from extending monopolies through trivial modifications.

Compulsory Licensing (Sections 84 & 92A)

A license may be issued if:
- The drug is unavailable at reasonable price, or
- Domestic needs remain unmet, or
- It is essential for public health or export.

Public Health Safeguards under the Patents Act

- Section 47(4): Government can use or import patented inventions for public institutions without consent.
- Section 66: Patent can be revoked if harmful or prejudicial to the public.
- Section 102: Government may acquire patents in public interest with fair compensation.

Competition Law Integration

- The Competition Act, 2002 curbs abuse of dominance by patent holders, complementing the Patents Act and promoting both affordability and innovation.

Policy Recommendations for a Sustainable Balance

Formulate a National Patent Policy aligned with public-health goals.
Strengthen indigenous innovation through state-funded R&D and academic-industry partnerships.
Increase use of TRIPS flexibilities, including compulsory licensing.
Enhance coordination between the Patent Office, Drug Controller, and Competition Commission.
Improve drug distribution networks to expand access to patented and generic medicines in rural India.