Aug-16SI Flashcards
Aug-16SI-Index
4.1. Commercial Surrogacy Bill
4.2. Mental Health Care Bill, 2013
4.3. The Maternity Benefit (Amendment) Bill, 2016
4.4. NIT, Science Education & Research (Amendment)
Bill, 2016
4.5. Women Entry to Religious Places: Bombay HC
4.6. TB Burden on India
4.7. National Health Accounts Estimates
4.8. MAA Programme: Ministry of Health
4.9. Hidden Hunger Biofortification
4.10. India’s Fight Against Growing Hepatitis
4.11. Center’s Views Sought on Triple Talaq
4.12. Task Force for Next 3 Olympics
4.1. COMMERCIAL SURROGACY BILL
Why in News?
The Union cabinet has approved the introduction of a bill that seeks to ban commercial surrogacy and allow only infertile couples to bear a child using a surrogate mother.
Background
India has emerged as surrogacy hub and incidents were reported on unethical practices.
According to a 2012 study by the Confederation of Indian Industry (CII), the size of India’s surrogate motherhood industry was $2 billion a year.
There have been incidents concerning exploitation of surrogate mothers, abandonment of children born out
of surrogacy and rackets of intermediaries importing human embryos and gametes.
In 2012, an Australian couple reportedly abandoned one of twin babies born to an Indian surrogate mother as they already had a child of the same sex.
Provisions of Proposed Bill
Non-resident Indians or People of Indian Origin card-holders will not be allowed to take recourse to a surrogate mother in India.
Out of purview: Single men and women, heterosexual couples who choose not to opt for marriage, gay couples, transgender persons, single parent cannot have baby through surrogacy.
Legally wedded Indian couples can have a surrogate child only after five years of legal marriage and will require a medical certificate as proof of infertility.
The bill makes it mandatory for surrogate mothers to be married and be a close relative of the couple wanting a child. She should also have given birth to a healthy child before bearing a baby for another couple.
A woman can only bear one surrogate child.
Violating the law can earn 10 years in jail term or fine of 10 Lakh rupees.
A national surrogacy board chaired by the health minister will be created to oversee implementation.
The rights of surrogate mother and children born out of surrogacy will be
protected.
Pros
Prevent exploitation of women, especially poor women who were forced to get into this business for the survival of their family.
It protects women from repeated surrogate pregnancies for monetary gains.
Carrying a child poses a risk to any mother’s health and even life because most deliveries happen by caesarean section.
The vast majority of surrogates are poor or illiterate women who may have only a weak grasp of their contractual rights.
Cons
A total ban on commercial surrogacy will push the industry underground and render surrogate mothers even more vulnerable.
It does not address the modern social reality where singles, homosexuals or live-in couples might wish to have a biological child through the surrogacy route.
It does not take into account the livelihood matters of poor women who are involved in surrogacy business.
There could be the possibility of coercion of daughters-in-law in families.
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4.2. MENTAL HEALTH CARE BILL, 2013
Why in news?
In August, 2016, the Mental Health Care Bill, 2013 was passed in the Rajya Sabha.
The new bill, when passed in the Lok Sabha, will replace the outdated Mental Health Act of 1987.
Background
The bill is the result of govt. ratifying the UN Convention on the Rights of Persons with Disabilities 2007.
The new Bill was introduced as the existing Act does not align with the Convention to adequately protect the rights of persons with mental illness nor promotes their access to mental health care.
Key features of the Bill
Rights of persons with mental illness: Every person shall have the right to access mental health care and treatment from services run or funded by the government.
Advance Directive: A mentally-ill person shall have the right to make an advance directive that states how he wants to be treated for the illness during a mental health situation and who his nominated representative shall be.
Central and State Mental Health Authority: The bills aims to set up these bodies to
Register, supervise and maintain a register of all mental health establishments
Develop quality and service provision norms for such establishments
Maintain a register of mental health professionals
Advise the government on matters relating to mental health.
Mental Health Establishments: Every mental health establishment has to be registered with the relevant Central or State Mental Health Authority.
Mental Health Review Commission and Board: It will be a quasi-judicial body that shall periodically review the use of and the procedure for making advance directives and advise the government on protection of the rights of mentally ill persons.
Decriminalising suicide: A person who attempts suicide shall be presumed to be suffering from mental illness at that time and will not be punished under the Indian Penal Code.
Prohibiting electro-convulsive therapy: Electro-convulsive therapy is allowed only with the use of muscle relaxants and anaesthesia. The therapy is prohibited for minors.
Critical Appraisal of the Bill
Concerns were raised that many provisions of the Bill could have negative impact in psychiatric treatment.
The present Bill could make psychiatrist uncomfortable, as it is bringing in too much control.
Concerns with Mental health care decisions in the hands of non-experts. Mental Health Review Board, which has six members out of which only one is a psychiatrist.
The over inclusive definition of mental illness might harm the large chunk of psychiatric patients who might feel stigmatized.
The bill is silent about the expenditure needed. It does not provide details of sharing expenses between centre and states.
Public Health being a state subject will put immense financial pressure on states for implementation.
Centre bringing such a law on state subject will impact the cooperative federalism model.
Way forward
The Mental Health Care Bill has some unprecedented measures aimed towards a sea change for the betterment regarding access to treatment for the mentally ill across the country and particularly so for the underprivileged.
The issues with the bill have to be resolved. States need to be consulted before finalising it as act.
Care has to be taken that the Bill does not create impediments in psychiatric treatment in the country.
It must be ensured that the large chunk of psychiatric patients is able to avail mental health care facility without any stigmatic feeling and hindrance
4.3. THE MATERNITY BENEFIT (AMENDMENT) BILL, 2016
Why in news?
The Maternity Benefit (Amendment) Bill, 2016 was passed by Rajya Sabha in August 2016.
The Bill aims to amend the Maternity Benefit Act, 1961. The Act regulates the employment of women during the period of child birth, and provides maternity benefits.
The Bill amends provisions related to the duration and applicability of maternity leave, and other facilities.
Key Features of the Bill
The act is applicable to all establishments employing 10 or more persons.
Duration of maternity leave: The Act states that every woman will be entitled to maternity benefit of 12 weeks. The Bill increases this to 26 weeks.
Under the Act, this maternity benefit should not be availed before six weeks from the date of expected delivery. The Bill changes this to eight weeks.
In case of a woman who has two or more children, the maternity benefit will continue to be 12 weeks, which cannot be availed before six weeks from the date of the expected delivery.
Maternity leave for adoptive and commissioning mothers: The Bill introduces a provision to grant 12 weeks of maternity leave to:
o a woman who legally adopts a child below three months of age
o a commissioning mother. A commissioning mother is defined as a biological mother who uses her egg to create an embryo implanted in another woman.
Option to work from home: The Bill introduces a provision that states that an employer may permit a woman to work from home even after the leave period.
Crèche facilities: The Bill introduces a provision, which requires every establishment with 50 or more employees to provide crèche facilities within a prescribed distance.
Informing women employees of the right to maternity leave: The Bill introduces a provision requiring every establishment to intimate a woman at the time of her appointment of the maternity benefits available to her.
Critical appraisal of Bill
The amendments will help 18 lakh women workforce in organised sector.
They also help women devote time to take care of their babies and enable an increase in the women’s labour force participation (WLFPR) rate in India.
On closer analysis the Maternity Bill may not be as progressive as it sounds.
It might further make women less desirable as employees in free market enterprises. For example, Hiring managers would like to avoid employees who may take half a year off in the foreseeable future.
It does not mention anything about single males/gay couples who may want to go the surrogacy route.
The bill leads to perpetuation of gender role stereotypes i.e. fathers don’t need to spend time with new-born.
In a country where gender stereotypes exist, a gender-balanced approach towards parenthood is needed. The amendments are completely silent on issue of paternity leave.
Moreover it does not address the stark reality that men leave burden of bringing up children to women.
Way forward
Maternal care to the Child during early childhood – crucial for growth and development of the child.
The 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks. Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months. However they fail to address the issues of gender stereotyping.
The amendments in future should include progressive provisions for single parent and paternity leave for a gender-balanced approach to early childcare.
4.4. NIT, SCIENCE EDUCATION & RESEARCH (AMENDMENT) BILL, 2016
Why in news?
The Parliament has finally passed the National Institutes of Technology, Science Education and Research (Amendment) Bill, 2016.
The bill aims at establishing the NIT in Andhra Pradesh as an institute of national importance.
Features of the bill
The Bill seeks to establish the National Institute of Technology (NIT), Andhra Pradesh as an institute of national importance
The NIT, Andhra Pradesh will be established under the National Institutes of Technology, Science Education and Research (NITSER) Act, 2007
The NIT will be deemed as an institute of national importance status as on August 20, 2015, the day on which the union government approved its establishment
The main motive of passing this bill was to fulfil a promise made to the people of Andhra Pradesh by establishing an NIT in the state.
Way forward
Before a new institute is announced, they should be well planned at least in terms of financial inputs and infrastructure.
A full time Director and faculty should be recruited at least a year before the first admissions take place
4.5. WOMEN ENTRY TO RELIGIOUS PLACES: BOMBAY HC
Why in news?
The Bombay High Court in a landmark verdict allowed entry of women up to the mazar in the Sufi dargah in Mumbai.
The HC quoted that “Women be permitted to enter the sanctum sanctorum of Haji Ali Dargah at par with men”.
Background
Four years ago the Dargah Trust barred women from entering the sanctum sanctorum of the Haji Ali dargah.
The trust had cited verses from the Quran and Prophet Mohammed to claim that Islam does not permit women to enter dargahs/ mosques.
The trust had claimed the fundamental right “to manage its own affairs” under Article 26 of the Constitution.
Observations of the High Court
The Bombay High Court lifted the ban saying it contravenes the Constitution and women should be allowed entry “at par with men”.
HC held that the Trust cannot enforce a ban “contrary to the fundamental rights” enshrined in the Constitution.
Article 14 (equality before law),
Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth)
Article 25 (freedom of conscience and free profession, practice and propagation of religion) of the Constitution.
The court stayed its order for six weeks, allowing the trust the liberty to appeal in the Supreme Court.
Conclusion
Asserting women’s right to worship in spaces prohibited by male custodians of religion is not just a matter of ensuring women’s equality in matters of faith, it is also one of breaking the male appropriation of religion.
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4.6. TB BURDEN ON INDIA
Why in news?
A recent joint study by the government’s Central TB Division, the Imperial College of London and Gates Foundation finds that most TB patients seek treatment from the private sector than government hospitals.
Key observations of the report
The study estimates that more than 2 million patients consult private doctors and the country’s tuberculosis burden could be more than 3.5 million people.
India’s private healthcare system is largely unregulated, especially in matters related to treating TB.
This means that patients are rarely educated about the disease and do not receive proper support.
The absence of proper protocols in private hospitals often leads to patients stopping treatment as soon as they feel better. They do not complete the requisite six to nine months of therapy.
As per the report private doctors administered broad spectrum antibiotics to tuberculosis patients as the first course of treatment.
Stopping therapy midway exposes a patient to a virulent strain of the tuberculosis bacteria.
Issues
Lack of systematic data
In 2012, the Revised National TB Control Programme introduced protocols that made it mandatory for private healthcare providers to report the tuberculosis cases they treat.
Despite the private sector treating more patients than the public sector, systematic data on the private sector is lacking.
Other issues
Despite TB treatment being free, patients and their caregivers faced challenges, as Poor patients residing in rural areas had to travel long distances every alternative day to reach a DOTS centre.
Also the timings in DOTS centre are highly rigid and not favourable for daily wagers. Thus they have to rely on private treatment.
Counselling, especially in the initial stages of DOTS therapy when patients needed it the most, was missing at public sector. RNTCP does not have enough qualified counsellors.
Way forward
Better regulation and collection of data from the private sector and Use of ICT.
Surveillance of TB in the private sector has to be strengthened.
Increase the number of DOTS centres to increase its proximity to a patient’s residence.
The competence of health personnel involved in TB care should be strengthened
Better communication between DOTS providers and patients through appropriate training.
Currently, the emphasis is more on achieving targets than being patient-friendly. This should change and RNTCP should seriously consider a patient-centred approach to TB control.
4.7. NATIONAL HEALTH ACCOUNTS ESTIMATES
Why in News?
Health ministry released the National Health Accounts estimates for the financial year 2013-14.
Findings
Indians spent eight times more on private hospitals and twice as much on transporting patients compared to costs in government hospitals.
Low Public Spending: Public spending on health care is very low, constituting around 29 per cent of the total health expenditure,approximately 1.15 per cent of GDP. Rest 72 percent comes from household expenditure.
Preventive care (which includes programmes such as the National Disease Control) gets 9.6 per cent of the total money that flows in India’s healthcare system.
High Out-of-pocket (OOP) expenditure: approximately 69% of total health expenditure in the country. It shows the lack of health insurance penetration in India.
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4.8. MAA PROGRAMME: MINISTRY OF HEALTH
MAA - Mothers Absolute Affection is a nation-wide breastfeeding promotion program, launched recently by the Ministry of Health and Family Welfare.
It promotes breastfeeding and provision of counselling services for supporting breastfeeding.
The chief components of the Programme are Community awareness, Strengthening communication through ASHA, Skilled support for breastfeeding at Delivery points in Public health facilities, Monitoring, Awards, etc.
Breastfeeding creates a special bond between mother and baby and the interaction during breastfeeding has positive impact for life, in terms of behaviour, speech, sense of well-being, security and how the child relates to other people.
Early initiation of breastfeeding within one hour of birth and thereafter exclusive breastfeeding for the first six months is essential for the wellness of the child.
Around 20% newborn deaths and 13% under-five deaths can be prevented by early initiation of breastfeeding.
4.9. HIDDEN HUNGER BIOFORTIFICATION
As per UN agencies estimates “hidden hunger” affects one in every three children across the world, leading to deficiencies in physical growth and development of the brain.
Hidden hunger is a situation created due to lack of essential micro-nutrients in the body inspite of having good quantity of food intake.
Taking the example of rice, commonly used machine-polished rice has lost the bran (surrounding the seed) containing the pericarp and the ‘aleurone layer’ having small amounts of essential nutrients such as vitamins, iron, zinc and other inorganic components.
Zinc is a micronutrient essential for supporting our immune system, in synthesizing (and degrading) DNA, in wound healing and several other activities and is useful in saving children from dehydration and diarrhea.
Biofortification which is the fortification or enrichment of cereals, through selective breeding or genetic modifications, is a novel method to ensure the intake of zinc and other such micronutrients by making them a part of the cereals like rice, wheat, maize etc. used in daily diets.
A particular variety of rice, termed DRR Dhan 45 (also termed IET 23832) is a zinc- rich rice plant developed by a group of scientists from the Institute of Rice Research, is moderately resistant to pests that cause leaf blast disease and can be kept longer.
It also has low glycemic index, so helpful for diabetic patients as it makes one feel satiated for longer.
4.10. INDIA’S FIGHT AGAINST GROWING HEPATITIS
Why in news?
Hepatitis is the inflammation of the liver caused by viruses A, B, C, D or E. These viruses can be distinguished depending on the predominant mode of transmission — water or blood — and show significant differences in their epidemiology, presentation, prevention and control.
The Integrated Disease Surveillance Programme of the NCDC received notification of 290,000 cases of acute viral hepatitis in 2013.
While no official data exists today, WHO believes that nearly 40 million have Hepatitis B and 6 million have Hepatitis C in India.
What lesson can be learnt from Egypt?
In 2006, when Egypt formed a national committee to control the spread of Hepatitis, the country was known to have the highest burden of the disease globally.
Over the past decade it has reduced Hepatitis prevalence from 4.5 to 1 per cent.
Its success can act as a role model for developing countries.
Important features
Syringe safety to prevent new cases of hepatitis from arising.
Awareness drives on the use of sterile razors in barber shops, use of new instruments for pedicure and manicure and on the use of disposable syringes for patients.
Multiple stakeholders like the government, politicians, the media and individuals from different sectors.
Lower cost of Hepatitis drug. The country was able to treat its patients, at 1/10 the global price of the drugs.
It carried out its first hepatitis survey in 1996 and its latest in 2015. India is yet to conduct one.
Egypt has now introduced a birth-dose policy to prevent new infections.
Way forward
India has to take cue from Egypt and follow a similar approach here with modification to suit our needs.
The Ministry of Health and Family Welfare has begun a vaccination drive for new borns against Hepatitis B under Mission Indradhanush, that is aimed to prevent seven diseases in infants.
Although delayed, the government is slowly moving towards disposable syringes with Maharashtra becoming one of first states to embrace one-time usable syringes.
India still needs to work in areas of generating data for evidence based policies, implementing preventive measures, raising awareness and partnerships, and screening and management of viral hepatitis.
4.11. CENTER’S VIEWS SOUGHT ON TRIPLE TALAQ
Why in News?
SC Bench heard petition by a West Bengal-based Muslim woman to declare the practices of ‘‘talaq-e-bidat’’ (triple talaq), ‘‘nikah halala’’ and polygamy under the Muslim personal laws illegal and unconstitutional.
The SC Bench issued notice to Ministries of Women and Child Development, Law and Justice, Minority Affairs, the National Commission for Women, seeking their opinion on this issue.
Background
In June, SC bench gave the parties eight weeks to prepare their arguments for and against referring this petition to a larger Bench.
SC observed that this is a very important issue and it affects a very large section of the population and agreed to hear all stakeholders equally in the matter. Note: For more details on this issue, please refer Vision October, 2015 Current Affairs.
4.12. TASK FORCE FOR NEXT 3 OLYMPICS
Why in news?
India had to content itself with two medals in the Rio Olympics, although a larger number of sportspersons qualified for the 2016 Games than for the previous events.
The medal tally came down from six in London Olympics of 2012 to just two.
This led the PM to announce the setting up of a task force which will help to plan for the “effective participation” of Indian sportspersons in the next three Olympics, to be held in 2020, 2024 and 2028.
Functions and aims of task force
It will prepare an overall strategy for facilities, training, selection procedures and other related matters.
The task force will consist of Indian and foreign experts in sports administration.
The task force in place will come up with long-term plan for three Olympics.
Significance
It’s a step in the right direction, provided the right people are inducted into it.
The task force shouldn’t have a large number of people.
The core group should not be of more than 20 people and it should have well-known sportspersons, prominent industrialists and leading professionals from the business of sports promotion.
The efforts of the committee should not be limited to only improving medal count, but to improve the overall sports structure.
