10. India and the \'Group for Equity\' at Pandemic Agreement Negotiations

• Advocating for Access and Benefit-Sharing (PABS): India has aligned with the \'Group for Equity,\' a coalition of developing nations, to demand that the sharing of pathogen materials and genetic sequence data be met with fair, concrete, and legally enforceable benefits. • The Pandemic Agreement Framework: Adopted by the World Health Assembly on May 20, 2025, this agreement serves as a legally binding international instrument designed to address the systemic inequalities exposed by the COVID-19 pandemic. • Standard Legally Binding Contracts: Developing countries insist that every entity accessing Pathogen Access and Benefit-Sharing (PABS) materials must sign contracts that mandate specific benefit-sharing obligations at every stage of research and commercialization. • Monetary and Non-Monetary Benefits: Proposed benefits include a percentage of annual revenue from commercialized products being paid back into the system, alongside the reservation of at least 10% of real-time pandemic product production for donation to the WHO. • Technological and Intellectual Equity: The \'Group for Equity\' is pushing for manufacturers to grant non-exclusive licenses to developing country firms during health emergencies and provide products at affordable or not-for-profit prices. • Traceability of Biological Data: A key demand is the ability to trace physical materials and digital sequence information (DSI) back to the originating country to ensure data sovereignty and appropriate compensation. Key Definitions • Pathogen Access and Benefit-Sharing (PABS) System: A specialized framework under the Pandemic Agreement that regulates how countries share samples of viruses/bacteria and how they receive vaccines, diagnostics, or royalties in return. • Genetic Sequence Data (GSD): The digital representation of the DNA or RNA of a pathogen, which allows scientists to study and develop vaccines without needing a physical sample of the virus. • Group for Equity: A negotiating bloc of developing countries focused on ensuring that the \'Global South\' is not merely a provider of data but an equal partner in pharmaceutical outcomes. Constitutional & Legal Provisions • Article 51(c): Directive Principle of State Policy (DPSP) that mandates India to foster respect for international law and treaty obligations in the dealings of organized peoples with one another. • Article 253: Grants the Indian Parliament the power to make laws for the entire country to implement any international treaty, agreement, or convention, such as the WHO Pandemic Agreement. • Biological Diversity Act, 2002: India\'s domestic law that already implements \'Access and Benefit Sharing\' (ABS) for biological resources; the current international talks aim to extend similar principles to human pathogens. • The Epidemic Diseases Act, 1897: The primary Indian legislation for controlling the spread of dangerous epidemic diseases, which would be influenced by the international \'rule book\' being negotiated. Additional Key Points for Examination • Digital Sequence Information (DSI) Controversy: Developed nations often argue that DSI should be open-access to speed up research, while developing nations fear that without regulation, \'digital biopiracy\' will occur, where vaccines are made using their data without any return benefits. • Sovereignty over Pathogens: Under the Convention on Biological Diversity (CBD) and the Nagoya Protocol, countries have sovereign rights over their biological resources; India is arguing that this must apply to pathogens that cause pandemics. • IGWG Mandate: The Intergovernmental Working Group is tasked with the technical \'rule book\' that will determine the actual percentage of royalties and the specifics of technology transfer. Conclusion India’s stance at the Geneva talks reflects its broader \'Pharmacy of the World\' strategy—balancing the need for rapid global scientific collaboration with the protection of the interests of the Global South. By rooting for a legally enforceable PABS system, India seeks to ensure that future pandemic responses are not characterized by the \'vaccine apartheid\' seen in the early 2020s. The success of these negotiations will determine whether the next pandemic is met with a unified global front or a fragmented system of bilateral deals. UPSC Relevance • GS Paper II: India and its neighborhood- relations; Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests; Important International institutions (WHO), agencies and fora- their structure, mandate. • GS Paper III: Science and Technology- developments and their applications; Issues relating to intellectual property rights; Awareness in the fields of IT, Space, Computers, Robotics, Nano-technology, Bio-technology. • Prelims Link: Nagoya Protocol vs. Pandemic Agreement; Pathogen Access and Benefit-Sharing (PABS) terms; World Health Assembly (WHA) functions; Difference between physical samples and Genetic Sequence Data (GSD).