Courts and COVID

India’s courts have played a prominent in helping (or not) the country manage its COVID-19 epidemic, especially during the second wave this year – from asking the government to explain which proofs of identity will be accepted at vaccination centres to recommending lockdowns. Two high courts, Madras and Allahabad, have also expressed sentiments that had until then been confined to Twitter – that the Election Commission should assume responsibility for the deaths of thousands of people and that state failures to supply oxygen amount to “genocide”. Here are some of the more notable search results from Bar & Bench, plus one from The Wire.

Death of COVID patients due to Oxygen shortage nothing less than genocide: Allahabad High Court orders inquiry

“Election Commission should be put up on murder charges:” Madras High Court on ECI’s failure to stop “abuse” of COVID norms in election rallies

Delhi High Court seeks report from Delhi Police in plea alleging hoarding of COVID-19 medicines by political leaders

Pained that orders are being completely ignored: Gujarat High Court asks why real-time updates on hospital beds are not available

Karnataka High Court suggests judicial inquiry into death of 24 patients in Chamarajanagar COVID-19 facility due to lack of oxygen

Overcrowding at COVID vaccination centres could become a “super spreader:” Kerala High Court registers suo motu case

Structured response required to give adequate relief to voiceless and the marginalised sections: Delhi High Court

News of death not negative: Delhi High Court dismisses PIL to regulate “negativity” due to reporting on COVID-19

“Current COVID vaccine policy will create disparity; Bahujans, marginalised groups may not have ability to pay:” Supreme Court

Is Aadhaar necessary for COVID-19 vaccination? Bombay High Court asks Central, Maharashtra government to clarify

“All you are showing is that things will be hunky-dory in June, did Central govt consult experts?” Madras High Court

SC Stays Delhi HC Order on Contempt Proceedings Against Centre Over Oxygen Supply

I’m not yet sure if one variety of proclamation will be more effectual than the other (social-media outrage versus outbursts from the courts) in terms of causing real change.

In addition, while the courts’ expertise is less questionable on matters related to the people’s rights and governments’ responsibilities, they do trip up when they recommend lockdowns or the supply of unproven drugs the same way the Supreme Court has tripped up asking for smog towers in Delhi. Have the courts assessed the trial data? Have they consulted doctors? If so, which ones were consulted? Do the courts also intend to ensure migrant and daily-wage workers don’t get fucked over this time?

It’s good that the judiciary is cracking the whip when almost no one else is, but knowing how the judicial system works, I’m not sure if we should rejoice already… “This is what things have come to, and the courts can help ensure the only way we go from here is up” is not a bad argument in their favour. But you may also notice a distinction between the high courts and the apex court: the latter seems reluctant to admit the idea that the government is responsible for the mess that almost everyone else (on this side of the aisle) believe it created. Is recovery sans accountability a good bargain?

On cancers, false balance and the judiciary

Climate change has for long been my go-to example to illustrate how absolute objectivity can sometimes be detrimental to the reliability of a news report. Stating that A said “Climate change is real” and that B replied “No, it isn’t” isn’t helping anyone even though it has voices from both sides of the issue. Now, I have a new example: cancer due to radiation from cellphone towers. (And yes, there seems to be a pattern here: false balance becomes a bigger problem when a popular opinion is on the verge of becoming unpopular thanks new scientific discoveries.)

This post was prompted by a New York Times article published January 5, 2018. Excerpt:

From 1991 to 2015, the cancer death rate dropped about 1.5 percent a year, resulting in a total decrease of 26 percent — 2,378,600 fewer deaths than would have occurred had the rate remained at its peak. The American Cancer Society predicts that in 2018, there will be 1,735,350 new cases of cancer and 609,640 deaths. The latest report on cancer statistics appears in CA: A Cancer Journal for Clinicians. The most common cancers — in men, tumours of the prostate; in women, breast — are not the most common causes of cancer death. Although prostate cancer accounts for 19 percent of cancers in men and breast cancer for 30 percent of cancers in women, the most common cause of cancer death in both sexes is lung cancer, which accounts for one-quarter of cancer deaths in both sexes.

This is a trend I’d alluded to in an earlier post: that age-adjusted cancer death rates in the US, among both men and women, have been on a steady downward decline since at least 1990 whereas, in the same period, the number of cellphone towers has been on the rise. More generally, scientific studies continue to fail to find a link between radio-frequency emissions originating from smartphones and cancers of the human body. Source: this study and this second study.

The simplest explanation remains that these emissions are non-ionising – i.e. when they pass through matter, they can excite electrons to higher energy levels but they can’t remove them entirely. In other words, they can cause temporary disturbances in matter but they can’t change its chemical composition. Some have also argued that cellphone radiation can heat up tissues in the body enough to damage them. This is ridiculous: apart from the fact that the human body is a champion at regulating internal heat, imagine what’s happening the next time you get a fever or if you go to Delhi in May.

Those who continue to believe cellphone towers can damage our genes do so for a variety of reasons – including poor outreach and awareness efforts (although I’m told TRAI has done a lot of work on this front) and, more troublingly, the judiciary. By not ensuring that the evidence presented before them is held to higher scientific standards, Indian courts have on many occasions admitted strange arguments and thus pronounced counterproductive verdicts.

For example, in April 2017, the Supreme Court (of India) directed a BSNL cellphone tower in Gwalior be taken down after one petitioner claimed radiation from the structure had given him Hodgkin’s lymphoma. If the court was trying to err on the side of caution: what about the thousands of people now left with poorer connectivity in the area (and who are not blaming their ailments on cellphone tower radiation)?

This isn’t confined to India. In early 2017, Joel Moskowitz, a professor at the Berkeley School of Public Health, filed a suit asking for the state of California to release a clutch of documents describing cellphone safety measures. Moskowitz believes that cellphone radiation causes cancer, and that Big Telecom has allegedly been colluding with Big Government to keep this secret away from the public.

In December 2017, a state judge ruled in Moskowitz’s favour and directed the California Department of Public Health (CDPH) to release a “Guidance on How to Reduce Exposure to Radiofrequency Energy from Cell Phones” – a completely unnecessary set of precautions that, by the virtue of its existence, reinforces a gratuitous panic. By all means, let those who believe in this drivel consume this drivel, but it shouldn’t have been at the expense of making a mockery of the court nor should it have been effected by pressing the CDPH’s reputation to endorse the persistence of pseudoscience. What a waste of time and money when we have bigger and more legitimate problems on our hands.

… which brings us to climate change and the perniciousness of false balance. On December 20, 2017, Times of India published an article titled ‘Can mobile phones REALLY increase the risk of brain cancer? Or is it too far-fetched?’. It quotes studies saying ‘yes’ as well as those saying ‘no’ but it doesn’t contain any attributions, citations or hyperlinks. Sample this:

Lab studies where animals are exposed to radio frequency waves suggest that as the waves are not that strong and cannot break the DNA, they cannot cause cancer. But some other studies claim that that they can damage the cells up to some level and this can support a tumour to grow.

It also contains ill-conceived language, for example by asking how radio-frequency waves become harmful before it goes on to ‘discuss’ whether they are harmful at all, or by saying the waves are “absorbed” in the human body. But most of all, it’s the intent to remain equivocal – instead of assuming a rational position based on the information and/or knowledge available on the subject – that’s really frustrating. This is no different from what the Californian judge did or what the SC of India did: not consider evidence of better quality while trying to please everyone.

Featured image credit: Free-Photos/pixabay.