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
who will chair the NDSC
the central water commissioner
who is the current commissioner of the cwc
Chairman Sh. A. K. Sinha
what was the cwc called before
erstwhile Central Waterways, Irrigation and Navigation Commission
CWC (erstwhile Central Waterways, Irrigation and Navigation Commission) was established in 1945 by the Government on the advice of Dr. B.R. Ambedkar, Member (Labour) in Viceroy’s Executive Council.
it is an attached office of
the Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Government of India. The Commission is entrusted with the general responsibilities of initiating, coordinating and furthering in consultation of the State Governments concerned, schemes for control, conservation and utilization of water resources throughout the country, for purpose of Flood Control, Irrigation, Navigation, Drinking Water Supply and Water Power Development.
how many members with the NDSC have (nominated by the centre)
20 -
10 union representatives
7 state representatives
3 dam experts
what are the present instruments to ensure dam safety and what is their nature
they are advisory bodies under the Ministry of Jal SHakti
SDSO - state dam safety organisation
CDSO - central dam safety organization
NCDS - national committee on dam safety
how many dam failures has india had in the past
42
when are where did the machhu dam collapse
in 1979 in morbi, GJ
machhu dam-2 failed, also called the morbi disaster
how many states have a DSO - dam safety org
18 + 5 dam owning organisations
when was the ministry of jal shakti formed and what two ministries combined to form it
in May 2019 under the second Modi ministry.
Ministry of Water Resources, River Development & Ganga Rejuvenation
Ministry of Drinking Water and Sanitation.
ministry of jal shakti minister of state
Shri Prahlad Singh Patel
afspa has come into controversy again after the indian army’s para commandos shot 14 civillians in the ______ district of Nagaland and termed it as a mistake of mistaken identity
Mon
AFSPA has been extended in Nagaland for six months from _________________________
30th December 2021.
Konyak Civil Society Organizations is the guardian umbrella of organizations of the Konyaks, the ____________
largest tribe of nagaland
the afspa grants legal immunity to the army to
bring back order in areas designated as ‘disturbed’ by section 3 of the afspa
possession of ________ by civillians is also banned under the afspa
firearms
afspa also grants special power to
non-commissioned officers
After the firing, Nagaland Chief Minister Neiphiu Rio______ and Meghalaya Chief Minister Conrad Sangma have both called for the repeal of AFSPA.
After the firing, Nagaland Chief Minister Neiphiu Rio and Meghalaya Chief Minister Conrad Sangma have both called for the repeal of AFSPA.
The Indian Parliament has enacted _____ different acts under AFSPA for different regions
three
what are these three places
- Armed Forces Special Powers (Assam and Manipur) Act, 1958
- The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983
- The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990
Section (4) of AFSPA
gives special powers to army officers in disturbed areas to shoot (even if it kills) any individual who violates law / or is suspected to violate law (this includes assembly of five or more people, carrying of weapons) etc. The only condition is that the officer has to give a warning before opening fire.
Initially when the act came into force in 1958 the power to confer AFSPA was given only to the governor of the state. This power was conferred on the central government with the amendment in ___________ when _________________-
1978, Tripura was declared a disturbed area by the central government, over the opposition by the state government
what are the states presently under afspa
arunachal pradesh (some areas exluded)
manipur (some areas excluded)
nagaland
assam
UT of J&K
who can declare an area as disturbed and how
governor of state/ administrator of UT
central government
by issuing notification in the official gazette
MINI AFSPA (since it provides the same powers to the armed forces as in AFSPA and when was it promulgated for nagaland)
Assam Disturbed Areas Act
promulgated for Nagaland in 1955 to supress the Naga uprising.
The state government has got the power to declare the whole or any part of the district by notification in the Official Gazette as a disturbed area. Only difference from the AFSPA is that the power is not with the central government.
Many states including the Jammu and Kashmir have repealed the Disturbed areas Act and brought in the AFSPA.
_______ promulgated the Armed Forces (Special Powers) Ordinance, 1942 in the backrdrop of the Quit India Movement. AFSPA 1958 (sept) is modeled on this ordinance.
Viceroy Linlithgow
promulgated on 15 aug 1942
armed forces were to be in ‘aid of civil power’
where was afspa first introduced in independent india
undivided assam
in which state has ASFPA been operational since its inception in 1958
nagaland
in which state was afspa removed in 2018
meghalaya
in which state was afspa removed in 2015
tripura
when was afspa indefinitely imposed in kashmir (never removed)
[10th September, 1990.]
who was on a 16 year hunger strike against the afspa in manipur
2000-2016
irom sharmila
(after 10 people at an malom bustop in manipur were gunned down by the 8th assam rifles)
afspa has been constituted to deal with _______ disturbance
internal disturbance
Jeevan Reddy Committee’s (2004) recommendation on AFSPA
Though the committee found that the powers conferred under the Act are not absolute, it nevertheless concluded that the Act should be repealed.
However, it recommended that essential provisions of the Act be inserted into the Unlawful Activities (Prevention) Act of 1967.
Justice Verma report on AFSPA
mentioned the Act as a part of a section on offences against women in conflict areas. “Sexual violence against women by members of the armed forces or uniformed personnel must be brought under the purview of ordinary criminal law,”
The Second Administrative Reforms Commission headed by then Union law minister M Veerappa Moily on AFSPA
also recommended that AFSPA should be repealed and its essential provisions should be incorporated in the Unlawful Activities (Prevention) Act
when was the election laws (amendment) bill 2021 passed
rajya sabha - 21 dec
lok sabha - 20 dec
the amendment provides for amendment of ______________– of the Representation of People’s Act, 1950, enabling the linking of electoral roll data with the Aadhaar ecosystem.
section 23
This linking with Aadhar is in consonance with 105th report of the
Department Related Parliamentary Standing Committee on Personal, Public Grievances and Law and Justice.
___________ qualifying dates will be declared for updating the voting rolls to include those who have turned 18 — the first day of the months of _______________-.
four
January, April, July and October
as of now what is the qualifying date
1st jan
The proposed linkage between the Aadhaar and election database will make data available to the ECI(having its own database, has its own verification process, and is separate from other government databases.) and
Unique Identification Authority of India (UIDAI).
The language for registration of ‘wives of service voters’ will now be replaced by ___________–.
‘spouse’
amendment to sec 14 of rp act, 1950
Amendment to Section 14 of the RP Act will allow to have four “qualifying” dates for eligible people to register as voters. As of now, January 1 of every year is the sole qualifying date. People who turn 18 on or before January 1 can register as voters. Those turning 18 after that have to wait for one whole year to register as voters.
Amendment to Section 20 of the RP Act, 1950 and Section 60 of the RP Act, 1951
will allow the elections become gender neutral for service voters. The amendment will also help replace the word “wife” with the word “spouse” making the statutes “gender neutral.” While, an Armyman’s wife is entitled to be enrolled as a service voter, but a woman Army officer’s husband is not, according to provisions in the electoral law. With “wife” being replaced by the term “spouse,” this will change.
lnking of voter id will be
voluntary
Section 23 of the RP Act will be amended to
allow linking of electoral roll data with the Aadhaar ecosystem “to curb the menace of multiple enrolment of the same person in different places.” as well as to authenticate entries in the data roll.
Aadhaar and Other Laws (Amendment) Act, 2019
allows voluntary use of Aadhaar as proof of identity.
The existing Aadhar act provides for the use of Aadhaar number as proof of identity of a person, subject to authentication.
The Bill replaces this provision to state that an individual may voluntarily use his Aadhaar number to establish his identity, by authentication or offline verification.
The Bill states that authentication of an individual’s identity via Aadhaar, for the provision of any service, may be made mandatory only by a law of Parliament.
Rajya Sabha/Chairperson
M. Venkaiah Naidu
Deputy Chairman of Rajya Sabha
Harivansh Narayan Singh since 14 September 2020
First woman Deputy Chairman of Rajya Sabha
Smt. Violet Alva 19.4.62 to 2.4.66
the constitution (amendment) bill was put forth before the RS with a request for introduction as a ________________
private members bill
the RS has reserved its decision to allow its introduction (basically won’t make a decision yet)
private members bill
introduced by someone not acting on behalf of the executive, ie someone who is an MP but not a minister
when were the preamble and the constitution adopted
Date of adoption: Nov 26th, 1949 (law day)
came into effect on 26 January 1950, celebrated as the Republic day in India.
Berubari Union Case (1960)
Supreme Court opined that the Preamble was not part of the constitution.
Berubari Union Case (1960) judgement was reversed in
Keshavananda Bharati case in 1973
the SC held that Preamble is part of the constitution and forms its basic structure. This opinion was further clarified by the SC in LIC of India case (1995).
is the preamble juticiable
no
It is a neither a source of power to legislature nor a prohibition upon the powers of legislature.
It is a non-justiciable, that is , its provisions are not enforceable in any courts of law.
when has the preamble been amendedwhen three new terms were added- .
The preamble has been amended only once. That is- 42nd constitutional amendment act, 1976
what were the three new terms added to the preamble
Socialist, secular and integrity
who has introduced the bill
BJP Member from Kerala K J Alphons.
what are the changes it proposes
The Bill seeks to change the words in the Preamble “EQUALITY of status and of opportunity” to “EQUALITY of status and of opportunity to be born, to be fed, to be educated, to get a job and to be treated with dignity”.
It also seeks to replace the word “socialist” with “equitable”.
The Bill also proposes adding “access to information technology” and “happiness” as objectives.
“access to information technology”
ACCESS to information technology and all its implications, irrespective of caste, creed, social status or income;”
change “FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation” into
“FRATERNITY assuring the dignity of the individual and the community and the unity and integrity of the Nation
HAPPINESS,
assuring a high gross domestic happiness”.q
when was the last time a private members bill was passed
1970
how many of the 328 private members bills were debated
barely 4% discussed
96% lapsed without a singe debate
rights of transgender persons 2015 was modelled on the private members bill of the same name by
dmk mp tiruchi siva
what is the source of the constitution given by the preamble
the people of india
the preamble states the ________ of the constituion and thereby guides in its interpretation
objectives
bills under articles 3 and 274 cannot be introduced without the previous sanction of the _____– and thereby needs an attached copy of such sanction
president
274: taxation which affects the interest of states
when was the summit for democracy held and who hosted it
9, 10 dec
usa
how many countries participated in the event
111
Venue(s): Virtual
what were the three main themes
