. No. Topic Name Prelims/Mains 1. About the National Register of Citizens (NRC) Prelims & Mains 2. Details of the Space Debris Prelims & Mains 3. About the National Company Law Tribunal Prelims & Mains 4. Details of the Eastern Equine Encephalitis Virus Prelims Specific Topic 5. About the Food Inflation Prelims Specific Topic 1 – About the National Register of Citizens (NRC):GS I Indian Polity · Details: · NRC stands for National Register of Citizens. · Following the completion of the Census of 1951 in each village, a register known as the National Register of Citizens, 1951, was compiled. Each residence or piece of property’s population is listed, along with their names, and is shown in serial order. · 1951 marked the only publication of the NRC. · The NRC of Assam: · The large illegal influx to Assam from what was previously East Pakistan and, after 1971, from what is now Bangladesh called for an update. · From 1979 to 1985, a six-year deportation of illegal immigrants agitation took place in Assam. · The All Assam Students’ Union (AASU) led the movement calling for the NRC to be updated and all unlawful migrants who entered Assam after 1951 to be deported. · The Assam Accord was signed in 1985, which marked the culmination of the struggle. · The cutoff date for deporting unauthorised immigrants was established on March 25, 1971. · The cutoff date for Articles 5 and 6 of the Constitution was July 19, 1949; as a result, the Citizenship Act of 1955 was modified and a new clause was added to reflect the updated date. · The only place it applied was Assam. · In response to AASU and other Assam organisations’ persistent requests for the NRC to be updated, an Assam-based NGO filed a suit with the Supreme Court. · A divided Supreme Court bench mandated that the NRC be updated as quickly as practicable in December 2014. · Electoral Rolls from 1971 and the NRC from 1951 are two examples of legacy data (up to midnight on March 24, 1971). Indian citizenship is available to anybody whose name is on these documents and to their offspring. · Impact: · After the NRC is changed, rumours regarding the true number of illegal immigrants in Assam and the rest of the country are expected to stop. · A validated dataset will be made available to facilitate meaningful discussions and the implementation of policies. · The release of an updated NRC is intended to discourage future Bangladeshi immigrants from entering Assam illegally. · The new NRC has already created the perception that anyone entering Assam illegally runs the possibility of being detained, jailed, and deported. · More importantly, it may be much more difficult for illegal immigrants to get Indian identity cards and to enjoy all the rights and privileges to which all Indian citizens are entitled. · Everyone who speaks Bengali in Assam and once thought they were Bangladeshis will be relieved to see their names on the NRC. · Challenges: · Process mistakes: People who appeared on the first list, which was published on January 1, 2018, did not appear on the second list. The list did not include the family of a past Indian president. · The simultaneous operations of the NRC, the voter list kept by the Election Commission, and the Foreigners’ Tribunals, which are assisted by the Assam Border Police, have resulted in complete confusion. · The programme has a deadline for re-verification, but it will be exceedingly challenging to manually check everyone on the list. · The courts, which are now handling a huge number of open cases, may become overloaded as a result of such “non citizens” being able to use the legal system to bolster their citizenship claim. · What will happen to those who weren’t on the list is unknown. · Expulsion to Bangladesh is not a possibility because Dhaka has never acknowledged that they are its people or that illegal immigration is a problem. India is not allowed to forcibly return illegal immigrants to Bangladesh without a signed agreement. · Bringing up this problem will also damage relations with Dhaka. Such an endeavour would be harmful to the nation’s international position and bilateral relations. · Large-scale prison facilities are an option to deportation, albeit it’s unlikely that this would happen in a mature democracy like India. · Another choice would be to implement work licences, which would remove people’s political voice while giving them limited legal rights to work. What will happen to these people’s progeny, though, is unclear. · NRC seems to be an endless process because uncertainty has no beginning or end. · Source à The Hindu 2 – Details of the Space Debris:GS II Space and Technology · What Is Space Debris, Exactly? · The continuous use of space-based technology that supports crucial operations including communication, transportation, weather and climate monitoring, and remote sensing is threatened by space debris. · Predicting the likelihood of collision with these space objects is crucial for both national security and the maintenance of Indian public and commercial space assets. · Total amount of orbiting debris: · The true amount of space debris is estimated to be between 500,000 and one million pieces, although this figure is simply an estimate because smaller objects cannot yet be detected by present sensor equipment. They all travel at up to 28,162 kph (17,500 mph), a fast enough speed for a little piece of orbital trash to destroy a satellite or spacecraft. · The project’s relevance: · The programme will produce a collision probability solution that is transparent, scalable, operationally adaptable, and built in India, thereby assisting the country’s $7 billion (Rs 51,334 crore) space industry. · Future developments that could help with the problem’s resolution include: · One technique to avoid a potential collision is to alter an object’s orbit, but the sheer amount of debris necessitates constant
CA Daily Quiz 02 Sep 2022
02 SEPTEMBER 2022 – DAILY MAINS QUESTIONS & SYNOPSIS:
Q1. Write a short note on the future missions of ISRO. Paper & Topic: GS III – Space related issues Model Answer: Introduction: In the 1960s, India started making investments in space research and technology. The Indian Space Research Organization (ISRO) has historically prioritised social development as the primary goal of space technology applications, rather than addressing strategic or security goals. Since its modest beginnings five decades ago, India’s space programme has evolved rapidly, and it has now earned the right to be regarded as a major player in the space arena. The worth of the global space business is currently estimated to reach $350 billion, and by 2025, it is expected to surpass $550 billion. , Body: ISRO’s upcoming missions are planned: The Gaganyaan project is a crewed orbital spacecraft that can travel seven days in space with three passengers on board. · It is anticipated to be finished prior to 2022. o The Human Space Flight Centre (HSFC), which will oversee the Gaganyaan Project, was recently established to supervise the Indian Human Spaceflight Programme (HSP). The first Lagrangian point (L1) between the Sun and Earth is where Aditya-L1, India’s first solar observatory, will be situated. At this point, the dynamic gravitational attraction between the Sun and Earth approximately cancels out. o Using its seven instruments, it will examine the Sun’s atmosphere and surface. A Venus orbiter mission called Shukrayaan will be launched in 2025 with the specific goals of examining Venus’ surface and subsurface, atmospheric chemistry, and interactions with the sun’s wind. Venus’ atmosphere contains a gas that on Earth is associated with living things. Numerous expeditions to Venus have been suggested in light of the recent indications of possible extraterrestrial life. Phosphine molecules were discovered on Venus in September 2020; they may be a biosignature of microbial life. In order to comprehend the evolution and potential conditions on Earth-sized planets orbiting other stars, scientists also utilise Venus as a model. The country’s second space observatory will be the X-ray Polarimetry Satellite (XPoSat), which will be smaller and more focused. It will research how cosmic objects that are in Earth’s orbit polarise their X-ray emissions. India’s satellite-based data relay system: India aims to launch a new satellite series dubbed IDRSS this year in order to track and communicate with its own space assets from orbit. To enable satellite to satellite communication and data transfer, a pair of two IDRSS spacecraft will be launched into geostationary orbit. Other Indian satellites, particularly those in low-Planet orbits (LEO), which have less coverage of the earth, will be tracked, sent, and received in real-time. It will also be helpful in monitoring launches and helping the Gaganyaan mission crew maintain mission control while they are in transit. In 2022, Chandrayaan-3, a lander and a rover towards the moon, will launch. ISRO’s challenges in its space endeavours: Astronaut training: India lacks the necessary facilities, despite ISRO’s repeated requests since the early 2000s for local training facilities for its astronauts. Projects need large investments and run the risk of failing. Biosciences: While ISRO has mastered the engineering components of the mission, bioscience is a new subject for ISRO and calls for more technical expertise as well as collaboration and support from other organisations. Enhancing the GSLV Mk III: Gaganyaan requires a massive rocket with the ability to lift a big capsule. Large satellites can be launched into orbit using the Geosynchronous Satellite Launch Vehicle (GSLV) Mark III, although this rocket must now be suitable for use by people. Technology precision: A system’s reliability must be high enough to permit a failure rate of only one out of every 500 launches. Way ahead: Either setting up a specific road map within ISRO for India’s commercial space programme or creating a distinct Space Commerce entity that is independent of ISRO for space-related operations. Promoting startups because they are scalable globally and have the potential to surpass product/service offerings coming from India. By offering mentoring, ISRO enables the private sector to effectively utilise the technical experience developed by ISRO. Space legislation adoption: To establish clear timetables for the commercial space industry’s pursuit of space operations in terms of regulatory, legal, and procedural frameworks. It was suggested to promote and govern India’s space operations through the Draft Space Activities Bill, 2017. It discussed how the Department of Space supervised and gave permission for private sector organisations to participate in space activities in India. Q2. Write a short note on use of money power in elections. Paper & Topic: GS II – Election related issues Model Answer: Introduction: With several upcoming Assembly elections, one problem might require more focus than others. Money is spent heavily on elections today. Depending on estimates, a candidate may invest crores of rupees in a single constituency. Voters overlook this crucial issue amid the cacophony of campaigns, leaders, celebrities, and media attention. Political parties are thought to be the biggest and most immediate beneficiaries, and money lies at the heart of India’s political corruption problem. Election corruption results in diminished accountability, distorted representation, and asymmetry in governance. Transparency in election funding is required as a result. Body: Background: Voters support political parties because they promise to benefit the populace. The governments in power are more obligated to the donors than to the electorate if election financing come from other sources. For instance, according to the Government Budget, the Government lost 2. 24 lakh crore in 2019–20 as a result of incentives to enterprises and a reduction in tariffs and taxes. The voters are unaware of this. After the introduction of Electoral Bonds, there is no longer any transparency in fundraising. All political parties have refused to submit to the transparency that comes with Right to Information despite the CIC judgement. Additionally, financial restrictions lack clarity. Issues with finance for elections: Donation obscurity: The majority of political parties’ funding (about 70%) comes from financial donations made anonymously. Additionally, parties are exempt from income tax, giving black money hoarders a conduit. For instance, the legal status
01 SEPTEMBER 2022 – DAILY MAINS QUESTIONS & SYNOPSIS:
Q1. “What are the observations made by the Supreme Court of India on Personal Liberty and Right to Life? (250 words) Paper & Topic: GS II – Indian Polity Model Answer: Introduction: The right to life and personal liberty is guaranteed by Article 21 of the Indian Constitution. Both the phrases “life” and “personal liberty” have been given a fairly broad definition that encompasses a wide range of rights. Its deprivation is only achievable following the legal procedure. The Supreme Court has given the term “life” a broad interpretation, giving it a wide range of meaning. Body: Article 21 interpretations by the Supreme Court: Human Dignity and the Right to Live In the case of Maneka Gandhi vs. Union of India, the Supreme Court declared that the right to life enshrined in Article 21 of the Indian Constitution is not only a bodily right, but also encompasses the right to live with dignity. In the case of Francis Coralie vs. Union Territory of Delhi, it was decided that the right to life includes the ability to live in dignity with the bare essentials of life such as adequate sustenance, clothing, and shelter over the head, among other things. Right to work without being subjected to sexual harassment The court ruled in Vishakha vs. the State of Rajasthan that sexual harassment of a working woman at work is a violation of her rights under Articles 14, 15, and 21 of the Indian Constitution. The guidelines were established in order to preserve a woman’s rights at work. The right to a healthy environment According to Article 21, the right to life entails a dignified life in a safe and healthy environment. Article 21 regulates the upkeep of numerous items such as health, sanitation, and environmental preservation. Vellore Citizens Welfare Forum versus Union of India is a case where the plaintiffs are the Vellore Citizens Welfare Forum and the defendants are the Union of India. The Supreme Court ruled that, while industries are important for the country’s development, the principle of “sustainable development” must be employed as a balancing concept in light of the pollution they generate. The right to know (or to be informed) In the case of Reliance Petrochemicals Ltd. vs. Proprietors of Indian Express Newspapers, the courts recognised that the right to know falls under the ambit of Article 21 of the Indian Constitution as a necessary component of participatory democracy. Prisoners’ rights: Those who have been convicted of any crime can likewise benefit from Article 21 protection. Despite the fact that he has been stripped of his other rights, he is nevertheless entitled to the rights granted by Article 21. Right to be free from arbitrary detention The Supreme Court established standards for the Central and State investigating authorities to follow in all situations of arrest and imprisonment in the case of K. Basu vs. State of West Bengal. Right to legal representation and a timely trial: In Hussainara Khatoon vs. State of Bihar, it was determined that someone accused who cannot afford legal services due to poverty, indigence, or incommunicado status has a right to free legal aid at the State’s expense under Article 21 of the Indian Constitution. Diseases that are horribly contagious are revealed. The lady proposing to marry a person with a terrible sickness is entitled to all human rights that any human being is entitled to, and the right to know that person is suffering from a fatal condition that is sexually transmissible is her right to life guaranteed under Article 21. Right to Personal Space: The Supreme Court has ruled in Justice K.S. Puttuswamy vs. Union of India and Others that privacy is a fundamental right under the Indian Constitution. Right to a dignified death: The right to life was broadened by the Supreme Court to include the right to die with dignity. It approved a ‘living will’ that allows terminally ill patients or those in a persistent and incurable vegetative state (PVS) to have a dignified death by refusing medical treatment or life support. Conclusion: Article 21 is not a legally binding right. The state can place constraints on the right to life and liberty, but they must be fair, reasonable, and just, and they must be done in accordance with legal procedures. It cannot, however, be suspended in an emergency. The basic right under Article 21 is one of the most significant rights guaranteed by the Constitution, and the Apex Court in the Unni Krishnan case defined it as “the heart of fundamental rights.” Q2. Discuss the contribution of Swami Vivekanand. (250 words) Paper & Topic: GS I – Indian Culture Model Answer: Introduction: Ramakrishna’s message was propagated by Narendranath Datta (1862–1902), afterwards known as Swami Vivekananda, who also attempted to adapt it to the demands of modern Indian society. He became known as the neo-Hindu movement’s preacher. Vivekananda’s message to the world about human values is based on specific spiritual experiences he experienced with Ramakrishna, the teachings of the Upanishads and the Gita, as well as the examples of the Buddha and Jesus. Body: Swami Vivekananda’s social initiatives in pre-independence India: He held the view that education may result in socioeconomic transformation. He wanted the people of this nation to have both secular and moral education. In order to create “machines which will deliver purest concepts to the doorstep of even the poorest and meanest,” he founded the Ramakrishna Mission in 1897. Great humanist Vivekananda employed the Ramakrishna Mission for social service and humanitarian aid. Vivekananda promoted the idea of serving everyone, or the ideology of service. The Mission was managing a number of schools while Swami Vivekananda was in charge. It provided aid to persons who had been impacted by catastrophes including famines, floods, and epidemics. Vivekananda fought for women’s rights to an education. He placed a strong emphasis on traditional family values and female chastity, although he was vehemently opposed to women’s subjugation. He fervently argued that women should have access to all educational opportunities. All Indians
CA Daily Quiz 01 Sep 2022
01 September 2022
. No. Topic Name Prelims/Mains 1. About the Anti Defection Law Prelims & Mains 2. Details of the MGNREGA Prelims & Mains 3. About the PMLA Act Prelims Specific Topic 4. Details of the Enforcement Directorate Prelims Specific Topic 1 – About the Anti Defection Law:GS II Topic à Parliament related issues · What is the anti-defection law? · Specific MPs and MLAs who switch parties are subject to penalties under the anti-defection act. · It was added by Parliament to the Constitution’s Tenth Schedule in 1985. Its objective was to maintain political stability by discouraging MPs from switching parties. · The Tenth Schedule, also known as the Anti-Defection Act, was incorporated into the Constitution through the 52nd Amendment Act of 1985. · It spells out the conditions under which elected officials are ineligible to serve if they switch political parties. · This response was brought on by the state administrations being overthrown by party-hopping MLAs following the 1967 general elections. · However, it does allow a group of MPs or MLAs to join (or join forces with) a different political party without running the risk of paying a defection penalty. Political parties are also not penalised if they support or oppose rebellious lawmakers. · The 1985 Act defined a “merger” as the “defection” of one-third of an elected political party’s members: · The 91st Constitutional Amendment Act of 2003 changed this, and today, at least two-thirds of the members of a party must support a “merger” in order for it to be regarded as lawful. · The members of Congress who are ineligible to serve in the House may compete for office in elections under any political banner. · Decisions regarding defection-related disqualification are requested from the Chairman or Speaker of that House, and those requests are then subject to “Judicial review. · However, the law does not specify a timeframe by which the presiding officer must decide whether to take action in a defection case. · The following are the grounds for disqualification: · If an elected MP or MLA willingly renounces their political party membership. · If he votes or abstains from voting in that House against the wishes of his political party or another person in a position of authority without first obtaining permission, · In order for him to be disqualified, his failure to cast a ballot must not have been allowed by his party or the designated person within 15 days of the incident. · If a person who was elected without the aid of a party chooses to do so. · If any nominee changes their party affiliation after the first six months have ended. · What issues does the law against defection cause? · Undermining Representative and Parliamentary Democracy: · The MP or MLA is obligated to vote in accordance with the party platform and is not permitted to do otherwise following the passage of the Anti-defection statute. · Due to the Anti-Defection statute, which only holds MPs accountable to their political party, the chain of accountability has been broken. · Role of the Speaker in Controversy: · The statute does not specifically stipulate when the House Chairperson or Speaker must make a decision in anti-defection cases. · Legal cases might last anywhere from three to six months. Some matters are settled after the time has passed. · There is no mention of the split: · The anti-defection statute now has an exception for anti-defection judgments thanks to the 91st amendment. · The amendment, however, recognises a “merger” inside a legislature party as opposed to a “split.” · Voting mandates being broken: · Legislators are said to be disregarding their people’ wishes by defecting when they are elected on the platform of one party but then decide it would be more convenient to transfer to another party due to the temptation of cabinet positions or financial benefits. · Effects on Regular Government Operations: · In the 1960s, the infamous “Aaya Ram, Gaya Ram” slogan was developed in reaction to the ongoing defections of lawmakers. · The defection disrupts the political system and has an effect on the executive branch. · Defection promotes legislator horse trading, which is manifestly contrary to the democratic system’s ideals. · While wholesale desertion is allowed, retail defection is not. The gaps must be filled, thus modifications are required. · He voiced concern that even though a politician might switch parties, they shouldn’t be given a job in the new one. · What different recommendations exist in regards to the Anti-defection Law? · It has been suggested by the Election Commission that it be the body that decides whether to allow defections. · Some have argued that the President and the Governors should hear applications for defection. · The Supreme Court has advised Parliament to create an impartial panel headed by a retired judge from the higher judiciary in order to swiftly and fairly decide defection cases. · The law has been deemed unsuccessful by some commentators, who have called for its repeal. Hamid Ansari, a former vice president, claims that it only pertains to preserving governments during motions of no-confidence. · Way Forward: · The issue is brought about by the attempt to use the legal system to handle what is really a political matter. · If party defections threaten the stability of the administration, parties should strengthen their internal processes. · In India, political party regulatory legislation is desperately needed. Such a measure should encourage party democracy within parties, bring political parties under RTI, etc. · To preserve representative democracy from the negative impacts of the law, the application of the anti-defection law can be restricted to only those laws where a loss of trust in the government may ensue. Source à The Indian Express 2 – Details of the MGNREGA:GS II Topic à Government Policies and Interventions · About: · The programme was created as a type of social intervention
31 AUGUST 2022 – DAILY MAINS QUESTIONS & SYNOPSIS:
Q1. Write a short note on Biosafety, its associated concerns and solutions. (250 words) Paper & Topic: GS III – Science and Technology- developments and their applications and effects in everyday life; Achievements of Indians in science & technology; indigenization of technology and developing new technology. Model Answer: Introduction: Biosecurity is described as “institutional and personal security measures meant to prevent the loss, theft, misuse, diversion, or purposeful release of viruses and toxins,” according to the World Health Organization. Biosecurity, according to the FAO (Food and Agricultural Organization), is a “strategic and integrated approach” that encompasses policies and regulations that address food safety, animal and plant life, and their health, as well as associated environmental concerns. “ The containment concepts, technologies, and procedures that are employed to prevent unintentional exposure to diseases and poisons, or their accidental discharge,” according to the WHO. Body: India’s State of Preparedness: In India, the ministries of health and family welfare, science and technology, and the environment ministry are the primary ministries dealing with biosecurity. ICMR (Indian Council of Medical Research), CSIR (Council of Scientific and Industrial Research), and DRDO (Department of Research and Development) are in charge of various areas of biosecurity in India (Defence Research and Development Organization). In India, biosecurity is regarded as a health and agriculture issue, hence it is mostly handled by the states. The central government offers rules that the states adapt to their specific needs. A National Agricultural Biosecurity Program was recommended by the National Farmers Commission, led by M S Swaminathan, in 2004. The Agricultural Biosecurity Bill, introduced in 2013, seeks to establish a ‘Agricultural Biosecurity Authority,’ a high-powered authority that would oversee four areas: animal health, plant health, marine creatures, and agriculturally vital bacteria. This, however, is currently awaiting approval. The customs agency regulates the import of exotic pests and weeds. Plants were classified as restricted, forbidden, or prohibited in India under the Plant Quarantine Order of 2003. The CITES classification is also used to limit the entry of new species. In India, the ICMR oversees a number of bio-safety level (BSL) labs. There are 30 BSL-3 and BSL-2+ labs that are currently operational. There are two BSL-4 (highest safety level) labs, one in Pune (National Institute of Virology) and the other in Bhopal (National Institute of Virology) (National Institute of High-Security Animal Diseases). India is a member to the Biological and Toxin Weapons Convention (BTWC), which was the first international convention to prohibit the use of an entire class of weapons in 1972. The treaty has also been ratified. The convention employs ‘confidence-building mechanisms,’ such as inter-party meetings, UNSC complaints, victim aid, and so on. Associated Concerns: Biosecurity measures are not implemented uniformly in India because they are at the control of local states. Given India’s vulnerability to pest incursions, even detecting an act of agro-terrorism (bioterrorism directed at the agricultural sector) let alone establishing its source will be challenging. Customs officials, who have been chastised for a lack of training in this area, will halt the import of potentially invasive pests and biological agents. For example, identifying the seed of a potentially invasive species among incoming travellers’ luggage. Because the Destructive Insects and Pests Act of 1914 and the Livestock Importation Act of 1898 are just subsidiaries of the Customs Act of 1962, quarantine officers are effectively powerless. One of the things the 2013 Biosecurity Bill aimed to change was this. Since 2014, India’s biosecurity bill has been awaiting approval. Also, zoonoses (such as Coronaviruses) are not taken into account. Unlike many other types of national security concerns, emerging biological agents like SARS CoV 2 are impossible to predict. There is also a large time lapse between discovering a viable treatment/vaccine, making the situation much more perilous. Biological agents, such as viruses, have a higher rate of mutations, as well as a latency period, which makes disease identification and control more difficult. Such biological attacks (intentional, unintentional, or natural) put the country’s defence forces in jeopardy in two ways: The armed forces may be harmed and weakened by the biological agent, and their capacity to deal with conventional threats such as terrorist attacks and WMDs is diluted as resources are diverted for the domestic response, posing a security risk. In light of the debate and accusations surrounding Wuhan Institute of Virology’s role in the COVID-19 incident, the challenge of distinguishing between offensive (or aggressive) and defensive (or peaceful) goals of biological agents has emerged. Even mismanagement of a biosecurity issue on a local level has the potential to spread and have an international impact. This necessitates international cooperation marked by transparency, credibility, and prompt action. The BTWC lacks a verification regime. Any country with a sufficiently established pharmaceutical sector has the potential to build a biological WMD, making the formulation of a verification framework challenging. The capacity to detect and resolve such non-compliances is influenced by the speed with which an international investigation team is formed (since fresh forensic evidence is critical) and the investigative team’s access to the impacted area. For example, examinations into the United States’ accusation of the Soviet Union’s use of mycotoxins in 1981 proved inconclusive. Conclusion: The COVID-19 dilemma has impacted not just India and other countries across the world, but also the country of origin. It has been demonstrated that in the event of a biological war, every country would be a victim—there would be no winners. The situation should serve as a stark reminder of the value of the universal biodeterrence doctrine. For its part, India should improve its biosecurity system while also mobilising international collaboration to improve global biosecurity. Q2. Write a short note on the use of disruptive technology in the healthcare sector. (250 words) Paper & Topic: GS III – Science and Technology- developments and their applications and effects in everyday life; Achievements of Indians in science & technology; indigenization of technology and developing new technology. Model Answer: Introduction: Involvement of humans in the diagnosis, treatment, and hospitalisation of infected patients
CA Daily Quiz 31 Aug 2022
31 Aug 2022
. No. Topic Name Prelims/Mains 1. Details of the Abortion Laws Prelims & Mains 2. Details of Naxalism Prelims & Mains 3. About the India’s First Space Mission Prelims & Mains 4. Details of the the LoC Prelims Specific Topic 1 – Details of the Abortion Laws:GS II Topic à Government Policies and Interventions · India has had abortion restrictions since: · As the frequency of induced abortions rose in the 1960s, the Union government established the Shantilal Shah Committee to investigate the viability of making abortion legal in the country. · The Medical Termination of Pregnancy (MTP) Act was enacted in 1971 to decrease maternal mortality brought on by unsafe abortions. · The circumstances under which a medical abortion may be performed are laid out in this law. Sections 312 and 313 of the Indian Penal Code do not apply to it (IPC). · Unless they behaved in good faith in an effort to preserve the pregnant woman’s life, anybody who “voluntarily induces a woman with child to miscarry” faces a maximum three-year prison sentence, a fine, or both. · This clause essentially outlaws all abortion in India. · Regardless of how far along in her pregnancy the woman is, anyone who induces a miscarriage without the pregnant woman’s agreement is subject to punishment under Section 313 of the IPC, which carries fines, life in prison, or a maximum 10-year sentence. · Evolution of MTP from 1971 to 2021: · The MTP Act underwent its most recent amendment in 2021. · In the years before that, new regulations were implemented in 2003 to permit the use of misoprostol, a freshly discovered abortion drug, to end a pregnancy up to seven weeks into it. · The Medical Termination of Pregnancy (Amendment) Act of 2021 lays forth the conditions in which an abortion on a physician’s advice is legal. · By virtue of the 2021 Act, the maximum gestational period at which a woman may undergo a medical abortion was raised from 20 weeks to 24 weeks. · This updated upper limit is only applicable in certain circumstances. · Up to 20 weeks of gestation, MTP may now be prescribed based on the recommendation of a single licenced medical provider. · Two licenced medical specialists’ opinions are needed between 20 and 24 weeks. · A medical abortion up to 12 weeks of pregnancy required the approval of one registered doctor under the previous version of the Act, while abortions up to 20 weeks required the consent of two doctors. · Furthermore, a pregnancy may only be terminated after 24 weeks of gestation on the grounds of foetal abnormalities by a four-member Medical Board established in each State in line with the Act. · Despite any of the aforementioned restrictions, the legislation also provides that an abortion may be performed whenever necessary by a single licenced medical professional in order to preserve the pregnant woman’s life. · Due to the 2021 Act’s lack of a spousal consent requirement, unmarried women may also have an abortion given the aforementioned conditions. If the lady is a minor, parental permission is necessary. · Court interventions in abortion-related cases: · The decision to continue or end a pregnancy is a part of a pregnant person’s right to privacy under Article 21 of the Constitution, as well as their right to life and personal liberty, the Supreme Court ruled in the landmark Right to Privacy decision in the 2017 case Justice K.S. Puttaswamy v. Union of India and others. A 37-year-old woman’s request for a medical abortion at 34 weeks of pregnancy was granted by the Calcutta High Court despite the fact that the country’s current laws do not permit unconditional abortions. Given that the fetus’s spine deformity was confirmed to be incurable, this was done. · After the State Medical Board denied the woman’s application for MTP, the Court granted this. · Due to this decision, abortions were permitted in the nation up to the point of delivery. · The anti-abortion statute has the following justifications: · According to a 2018 study published in the Lancet, as of 2015, India had 15.6 million abortions annually. · The mother performed 27% of abortions, per the most recent National Family Health Survey 2019–2021, at home. · According to the State of the World Population Report 2022 by the United Nations Population Fund, unsafe abortions cause over 8 women to perish every day in India (UNFPA). · According to the MTP Act, only gynaecologists or obstetricians are permitted to perform abortions. · However, the 2019–20 Rural Health Statistics report from the Ministry of Health and Family Welfare shows that there is a 70% lack of obstetrician–gynecologists in rural India. · Critics claim that because the law outlaws abortions at any time, it forces women to have dangerous, unauthorised abortions. · According to statistics, India performs 80,000 unsafe and illegal abortions per year, many of which result in maternal death. · Because the term “woman” is employed in the law, pregnant transgender and non-binary people who are medically capable of having children are excluded. · They are pressured to embrace a gender-binary identity in place of their original gender identification. · Affordability and societal stigma that encourage unsafe abortions are other important factors. · Only those with sufficient financial means have access to the pricy private medical facilities that perform abortions. · Conclusion: · India’s scenario is far from ideal, thus it’s critical to consider and implement cutting-edge global practises. · Diversity, complete bodily autonomy, and reproductive fairness should be our goals. · We shouldn’t start managing the nation by gauging our progress against the rate of retreat. · Legal, medical, and social considerations must be made while evaluating bodily autonomy and reproductive rights. · It is impossible to say that India is paving the way for the West until women and non-binary pregnant people have full control over their own bodies in accordance with these values. Source à The Indian Express 2