1 – About Deputy Speaker Powers:

GS II

Topic  Parliament related issues

Constitutional provisions:

Article 93 of the Indian Constitution specifies how the Speaker and Deputy Speaker are chosen.

Under Article 94, there are provisions for vacation, resignation, and removal from the seats of Speaker and Deputy Speaker.

The power to carry out the duties of the Speaker’s office or to act in the Speaker’s place is granted by Article 95 to the Deputy Speaker or another individual.

The Speaker or Deputy Speaker is prohibited from presiding while a resolution to remove him from office is under consideration, as stated in Article 96.

The provisions of Article 97 apply to the compensation and perks of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman.

How the Deputy Speaker is appointed:

The Deputy Speaker is chosen by the Lok Sabha itself from among its members.

Concurrent with the speaker’s election is the deputy speaker.

According to the Rules of Procedure and Conduct of Business in the Lok Sabha, the Deputy Speaker election will take place on the day that the Speaker designates.

In India, the deputy speakership is customarily given to the opposition party.

Term and Removal from Office:

The Deputy Speaker serves for the entirety of the Lok Sabha’s five-year mandate.

The subsequent three circumstances The Deputy Speaker may adjourn sooner if they choose:

Following his departure from the Lok Sabha

If he submits a written resignation to the Speaker,

if the Lok Sabha’s members at the time decided in favour of a resolution to remove him from office.

Any such resolution should be introduced with 14 days’ notice to the deputy speaker.

Power & Objective:

Powers and responsibilities of the Deputy Speaker of the Lok Sabha

The Deputy Speaker assumes control when the Speaker’s post is vacant.

The Deputy Speaker now holds all of the Speaker’s power.

The speaker also serves as the speaker of a combined session of both chambers of parliament when the speaker is absent.

The Deputy Speaker, like the Speaker, may vote in a tie-breaking situation.

The deputy speaker has a special privilege in that he always takes the helm of whatever parliamentary committee he is appointed to.

Source  The Indian Express

2 – Details of POCSO Act:

GS II

Topic  Government Policies and Interventions

POSCO Act specifics:

The POCSO legislation was created in 2012 in order to particularly protect adolescents under the age of 18 from sexual assault, sexual abuse, sexual harassment, and pornography.

The act mandates that each case’s investigation be completed in two months (counting from the date the FIR was filed) and that the trial be convened in six.

A youngster is defined by the Act as a person who is under the age of eighteen.

A sexual assault is considered more serious, according to POCSO, if the victim is a child, the perpetrator is a member of the security forces, or the victim is a minor who is mentally ill.

A public or private hospital employee, a member of the child’s family, a police officer, a teacher, a doctor, or a manager or staff member in a position of trust or authority.

A fine and harsh imprisonment for a period of time that must not be less than 10 years or as long as life is required as a punishment for aggravated penetrative sexual assault.

It also outlines steps to stop the child from becoming prey to the legal system again.

The Act further stipulates that such cases must be reported.

Legally, everyone who knows about the offence must report the sexual abuse.

If he doesn’t, he could receive a fine or a jail sentence of six months.

It also has consequences for those who trade children for sex.

The Act also specifies sanctions for filing fictitious complaints or disseminating inaccurate information.

The law was changed in 2019:

The concept of aggravated penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012, is equivalent to that of aggravated rape.

A person may be charged with this offence in specific aggravating situations, such as when the rape occurs in a relationship of trust or authority or when it results in pregnancy.

POCSO does not believe a minor’s permission is required, regardless of the nature and circumstances of the sexual interaction or the characteristics of the person with whom it takes place. Therefore, having intercourse with a minor in any way is rape.

Aspects of the Act and the amendment that are important:

The Act is gender neutral and gives top priority to the best interests and welfare of the child at every stage in order to foster the child’s healthy physical, emotional, intellectual, and social development.

A kid is defined by the Act as a person who is under the age of eighteen. In order to ensure the kid’s healthy physical, emotional, intellectual, and social development, the best interests and welfare of the child are seen as being of the utmost importance at every stage.

It describes different sexual abuse practises, including penetrative and non-penetrative assault, sexual harassment, and pornography. It also specifies what constitutes a “aggravated” sexual assault, such as when the victim is a kid and suffers from a mental illness or when the abuse is committed by a person who has authority over the child, such as a parent, police officer, teacher, or doctor.

The provisions of the Act for abetment apply to people who traffic youngsters for sex as well. With a maximum sentence of harsh life imprisonment and a fine, the Act imposes severe punishments that are graded according to the nature of the offence.

Any visual depiction of child sexual activity that is represented by a photograph, video, digital, or computer-generated image that is indistinguishable from a real child, or by an image that was created, altered, or modified but appears to depict a child, is referred to as “child pornography” in this definition.

Source  The Hindu

3 – About National Emergency: 

GS II 

Topic  Constitutional Provisions

State of National Emergency:

A national emergency can be declared in the event of war, an external assault, or an armed uprising. A crisis of this kind is referred to as a “proclamation of emergency” in the Constitution.

Grounds for declaration:

Article 352 gives the president the power to declare a national emergency when war, external aggression, or armed revolt endangers the security of India or a section of it.

Even before a war, armed insurrection, or external assault takes place, the President may declare a national emergency.

A national emergency that is declared as a result of “war” or “external aggression” is referred to as a “External Emergency.” On the other hand, when it is a result of a “armed rebellion,” it is referred to as a “internal emergency”.

The term “armed uprising” is first used in the 44th Amendment. The old name for it was internal disturbance.

Example:

It is just war if both India and Pakistan officially state their intention to use force against one another.

External aggression is the use of force against a country without a formal declaration.

Additionally, if each of these two scenarios results in a declared external emergency.

Facts:

The 38th Amendment Act of 1975 prohibits judicial review of the declaration of a national emergency. This provision was later repealed by the 44th Amendment Act of 1978.

A national emergency proclamation may be challenged in court on the grounds of wrongdoing or because it was based on wholly unconnected and external reasons, the Supreme Court decided in the Minerva Mills case (1980).

Parliamentary approval and timeline:

The declaration of emergency shall be ratified by both houses of parliament within one month of the date of its issuing.

The declaration will nevertheless remain in effect until 30 days after the first meeting of the newly reconstituted Lok Sabha if it is made during the dissolution of the Lok Sabha or during the dissolution period of one month without the proclamation receiving approval, provided the Rajya Sabha has approved it in the interim.

If both chambers agree, the Emergency lasts for 6 months, and it may be continued forever with Parliament’s permission every 6 months.

Any resolution authorising the declaration of an emergency or its continuation must be approved by a special majority in both Houses of Parliament.

Revocation of a proclamation:

A new proclamation may be issued by the President at any time to revoke an Emergency Proclamation. The parliament is not required to endorse such a declaration.

The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.

A national emergency’s outcomes are:

A declaration of emergency has a profound and widespread impact on the political system. These results can be categorised into three groups:

effects on the center-relations: state’s When an emergency is declared, the normal framework of center-state relations is radically altered. Three perspectives can be used to analyse this:

Executive: The Center now has the authority to give a state instructions on “any” subject.

Legislative: The president has the authority to enact state-related ordinances when the parliament is not in session. On any of the subjects covered by the state list, the parliament is given the power to pass laws. The laws passed by the parliament on matters of state become invalid six months after the emergency has ended.

Financial: The president has the power to alter the tax revenue distribution between the federal government and the states.

Impact on the existence of the Lok Sabha and State Assembly:

While a national emergency has been declared, the Lok Sabha’s term may be extended for an additional year at a time. But after the emergency has passed, this extension is only good for a maximum of six months.

Similar to this, the Parliament may periodically extend the regular term of a state Legislative Assembly by one year, up to a maximum of six months after the emergency has passed.

The Constitution’s Articles 358 and 359 explain how a national emergency impacts fundamental rights.

Effect of a national emergency on FR:

Six essential rights under Article 19 are suspended: The six rights are immediately suspended under Article 358 once a national emergency is proclaimed. Article 19 is promptly reestablished once the emergency has ended.

According to the 44th Amendment Act, Article 19 can only be suspended when the National Emergency is declared as a result of war or an external attack, not in the case of an armed insurrection.

Another suspension of fundamental rights: According to Article 359, during a National Emergency, the President may suspend the right to petition any court to enforce fundamental rights by executive order. Corrective measures are therefore suspended rather than the Fundamental Rights.

The suspension of enforcement only applies to the Fundamental Rights listed in the Presidential Order.

The suspension could be in effect for the entire emergency operation or just a portion of it.

Before voting on the Order, a copy should be sent to each House of Parliament.

The 44 Amendment Act states that the President cannot suspend the right to petition the court for the enforcement of Fundamental Rights covered by Articles 20 and 21.

So far made declarations:

This form of emergency has already been proclaimed three times: in 1962, 1971, and 1975.

The first proclamation of a national emergency was proclaimed in October 1962 and lasted until January 1968 as a result of Chinese invasion in the NEFA.

The second proclamation of a national emergency was made in December 1971 in reaction to the attack by Pakistan.

Even though the situation was still ongoing, the third national emergency proclamation was made in June 1975. The second and third proclamations were similarly revoked in March 1977.

Source  The Indian Express

4 – Details of Abortion Rights for Women in India:

GS I

Topic  Women Empowerment

The 2020 Medical Termination of Pregnancy Act has been amended:

To terminate a pregnancy up to 20 weeks’ gestation, the proposed law would only require one qualified medical professional’s opinion (instead of two or more) (foetal development period from the time of conception until birth).

It establishes the requirement that the termination of a pregnancy between 20 and 24 weeks gestation must have the approval of two licenced medical practitioners.

For women in “special categories” including rape survivors, incest victims, and other vulnerable populations like young girls and women with impairments, the gestational limit has also been increased.

Additionally, it states that “the identity and other particulars of a woman whose pregnancy has been terminated shall not be published,” with the exception of a person allowed under any currently in effect law.

Benefits:

It expands women’s access to safe and legal abortion services on therapeutic, eugenic, humanitarian, or social grounds.

Many women will benefit from it, and it is a step in the right direction for women’s safety and welfare.

MTP Act of 1971:

Terminating a pregnancy is not a choice; it is merely a result of the circumstances. Section 3 of the MTP Act of 1971 permits the doctor to execute an abortion under the following conditions:

Whether or not the patient’s life would be in risk, or whether or not the pregnancy would affect her physical or mental health. To evaluate if the pregnancy will be harmful to the patient’s mental health, the doctor must take into account the patient’s circumstances.

If there is a good chance that the child will have physical or mental abnormalities that will seriously harm them.

If the pregnancy was caused by inadequate contraception (but this is only applicable to married women).

whether the pregnancy was caused by a rape or sexual assault.

Conditions for Terminating a Pregnancy:

If the pregnancy is less than 12 weeks old, only one doctor needs to concur that the conditions have been met.

If the pregnancy has lasted longer than 12 weeks and is less than 20 weeks, two doctors must concur that the requirements have been met (24 weeks as of this writing).

The gestational period has no bearing if a doctor determines that an immediate abortion is required to preserve the patient’s life.

A “registered medical practitioner” is required by law to determine if an abortion is necessary and to carry it out.

Unwelcome abortions:

A maximum 3-year prison sentence and/or a fine may be imposed as punishment for abortions performed in the first four to five months of pregnancy.

Both patients and doctors are considered to have broken the law if the aforementioned requirements are not met.

After-five-month abortion: If the abortion takes place after the foetus is moving, the perpetrator faces up to seven years in prison and a fine, unless it was carried out in an effort to save the patient’s life.

Abortion without consent – If someone else induces or executes an abortion against the pregnant woman’s will, they could receive a fine and up to 10 years in prison.

Abortion that results in death: If the patient passed away as a result of a failed or ineffective abortion, the doctor who carried out the procedure may be subject to a fine and up to 10 years in prison.

A life sentence in prison is the punishment if the abortion was carried out without the patient’s consent.

Intentional foetal death may also be prosecuted under other articles of the Indian Penal Code, 1860, which carry terms of up to 10 years.

Consent is necessary:

Doctors must get the pregnant woman’s permission before performing an abortion.

If the lady is under the age of 18 (a minor) or suffers from a mental illness, the doctor must get permission from her guardian.

For executing an abortion against a patient’s wishes, a doctor faces a fine and a 10-year prison term.

Governmental Programs to Promote Safe Abortions:

The government provides women at healthcare facilities with safe and comprehensive abortion care (CAC) services under the RMNCH+A (Reproductive, Maternal, Newborn, Child and Adolescent Health) initiative of the National Health Mission.

The MMA and complete abortion care services guidelines have been distributed to all the States (CACS).

funding for States and UTs to enable them to begin providing secure abortion services in hospitals.

Amounts given to States to assist them in planning and implementing extensive “Information, Education, and Communication/Behavior Change Communication (IEC/BCC)” projects for maternal health, including the provision of safe abortion services.

enhancing ANMs’, ASHAs’, and other professionals’ abilities to offer confidential counselling for risk-free abortion and support post-abortion care. teaching safe abortion methods to medical officers.

ASHAs receive training to equip them with the skills and knowledge necessary to help local women become aware of issues with comprehensive abortion care and to make it simpler for them to access services.

Comprehensive abortion care facilities in the nonprofit and private sectors are certified.

We provide sub-centers. Use the Nischay Pregnancy Detection Kits to find pregnancies early.

Problems with the current abortion laws:

According to a 2015 study printed in the Indian Journal of Medical Ethics, unsafe abortions are the cause of 10–13% of maternal fatalities in India (the third leading cause of maternal death in our country).

The lack of access to safe abortion facilities, particularly public hospitals, the stigma and attitudes against women, especially young, unmarried women seeking abortions, all play a role in this.

It is challenging to recognise defective foetuses, such as those with Down syndrome, congenital abnormalities, or other disorders, and to abort them because abortion is prohibited after 20 weeks of pregnancy.

The law does not take into account non-medical concerns like the cost of raising a kid, how that may affect one’s career options, or any other non-personal concerns.

Way Forward:

In order to achieve a just society that abhors all types of bias, current talks about democracy must take access to safe and legal abortions into account as a public health concern and a crucial element of sexual and reproductive equality.

Women lose their lives as a result of the silence around unsafe abortion, which also hides important concerns related to these problems, such as the enormous barriers preventing teenage girls from receiving reproductive health care, especially abortion services. Women’s equality, right to life, and right to bodily integrity depend on the availability of safe abortion, which must be protected.

Source  The Hindu