Acts 1 Flashcards
what is the ART act/bill
assisted reproductive technology (regulation) act
art services will be provided through (a) and (b)
a - art clinics - where art related treatments and procedures are offerred
art banks - supply gametes
all ART clinics and banks must be registered under
National Registry of Banks and Clinics of India (est. under the bill and will act as a central database)
registration which may be suspended upon contravention of the provisions of the bill is valid for ________–
five years subject to renewal for five years
art will be regulated by
Under the Surrogacy Bill there is National Surrogacy Board that will be involved in policymaking, and act as a supervisory body, and State Boards that will act as executive bodies. The same machinery will be used for regulation of art
REGISTRATION AUTHORITY:
REGISTRATION AUTHORITY: It will have the chairperson, who will be an officer above the rank of Joint Secretary in the Health Department; a vice-chairperson, who will be above the rank of the Joint Director in the Health Department; an eminent woman representing a women’s organisation; an officer of the Law Department, and, an eminent registered medical practitioner.
Will there be testing for disease?
The Bill mandates that pre-implantation genetic testing shall be used to screen the embryo for known, pre-existing, heritable, or genetic diseases. The test will identify genetic defects in embryos created through IVF before pregnancy. The National Board will lay down conditions on pre-implantation testing.
when was the surrogacy bill passed and to whom is surrogacy open (not passed into act yet)
the Surrogacy (Regulation) Bill, 2019 — was passed by Lok Sabha on August 5, 2019. This one was referred to a Select Committee, which recommended that the ART Bill should be brought first, so that all the highly technical and medical aspects could subsequently be addressed in the Surrogacy (Regulation) Bill, 2019.
to whom is surrogacy open
Surrogacy is allowed for only Indian married couples.
ART procedures are open to married couples, live-in partners, single women, and also foreigners. A 2015 notification prohibits commissioning of surrogacy in India by foreigners or OCI or PIO cardholders, but NRIs holding Indian citizenship can avail surrogacy. Foreigners can visit India under medical tourism to avail ART services.
when was the surrogacy bill passed and to whom is surrogacy open (not passed into act yet)
the Surrogacy (Regulation) Bill, 2019 — was passed by Lok Sabha on August 5, 2019. This one was referred to a Select Committee, which recommended that the ART Bill should be brought first, so that all the highly technical and medical aspects could subsequently be addressed in the Surrogacy (Regulation) Bill, 2019.
The Government had been working on the bill to regulate the ART industry since 2008 when it was first drafted by the _________-.
Indian Council of Medical Research (ICMR)
The bill was first introduced in Lok Sabha in 2020 but the House had referred it to a ___________.
standing committee
A standing committee of the parliament or state legislature is a committee that exists on a more-or-less permanent basis, from legislative session to session, that considers and refines legislative bills that fall under the committee’s subject matter.
The ART Bill further seeks stringent punishment for those practicing __________________________-
sex selection, sale of human embryos or gametes, or found running agencies, rackets and organisations for such practices in violation of the law.
what is the punishment for first time offenders
For First-Time Offenders:
It may attract a penalty between Rs. 5 lakhs and Rs. 10 lakhs.
For Subsequent Contraventions:
Punishable with imprisonment for a term between 8 and 12 years, and a fine between Rs. 10 and Rs. 20 lakh.
Any Clinic or Bank Advertising or Offering Sex-Selective ART:
Punishable with imprisonment between five and ten years, or fine between Rs. 10 lakh and Rs. 25 lakh, or both.
________- donor needs to be supported by an insurance cover.
oocyte
It mandates an insurance coverage in favour of the oocyte donor by the commissioning couple or woman from an insurance company. The insurance will provide a guarantee of compensation for specified losses, damage, complications, or death of the donor during the process.
Discrimination in Accessibility:
The Bill allows for a married heterosexual couple and a woman above the age of marriage to use ARTs and excludes single men, cohabiting heterosexual couples and LGBTQ+ individuals and couples from accessing ARTs.
FUNCTIONS NATIONAL BOARD:
It will advise the Centre on policy matters. It will review and monitor rules and regulations, and recommend any changes. It will set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by clinics and banks. State boards will coordinate the implementation of the guidelines.
no court will take cognisance of offences under the bill except when a complaint is made by
a natl or state board or an officer organised by the boards
over ____ % of art clinics are unregistered
80%
the art act is in contravention of _____ FRs
article 14 and 21 (right to privacy)
semen can be obtained from men between ages of
above marriage age (21) to 55
women between the ages of ___________ can be oocyte donors
marriage age (18)
18 and 35
will donors have parental rights
no
as per ________________, single men cannot adopt girls
Adoption Regulations, 2017 (comes into effect jan 4, 2017)
when was the dam safety bill passed by the rajya sabha in the parliament
2 december 2021
when was the dam safety bill introduced in the rajya sabha and by whom
Rajya Sabha on 1st December, 2021.
when was the dam safety bill 2109 passed by the lok sabha
august 2019
india is the ____ largest dam owning nation after
3rd after
- china
- usa
how many dams are over 100 years old are still functional
Nearly 227 dams that are over 100 years old are still functional.
how many large dams does india have
around 5,700 large dams in the country, of which about 80% are already over 25 years old.
the bill aims at uniform measures of dam safety for ______________ in order to mitigate instances of dam failure
UTs and States
what kind of dams does the bill cover
height: 15m+ OR between 10-15m (with certain stipulations)
who will be responsible for the safe construction, operation, maintenance and supervision of the dams
the owners of the dam
As per the provision of the Bill, a ____________will be constituted to help evolve uniform dam safety policies, protocols, and procedures.
National Committee on Dam Safety (NCDS)
NCDS is the deliberative body with the NDSA being the regulatory body
The Bill also provides for the establishment of a_____as a regulatory body for ensuring the nationwide implementation of dam safety policies and standards.
National Dam Safety Authority (NDSA)
State Committees on Dam Safety (SCDS) State Dam Safety Organizations (SDSO)
The Bill also provides for the establishment of a_____as a regulatory body for ensuring the nationwide implementation of dam safety policies and standards.
National Dam Safety Authority (NDSA)
At the State level, the Bill prescribes for the constitution of ___________ and the establishment of the State Dam Safety Organizations (SDSO).
State Committees on Dam Safety (SCDS)
a person will be imprisoned for a year in case of
non-compliance with directions
and two years in case of
loss of life
the sdso will report events like dam failure to
the ndsa
when was the dam safety bill organised
2018
which state most stringly opposes the dam safety bill
TN
will benefit kerala over the mullaperiyar dam issue, structure and catchment area in kerala but operated by TN
Entry 17 under List II of Seventh Schedule
“Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I”
56 of the 1st list
- Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
article ___- says that the union may legislate on matters of the state list if 2 or more states pass a resolution asking for a law on the matter
Articel 252
WB and AP have passed a resolution asking for dam safety
how large dams are under construction in india
447
