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PIB – August 6 , 2019

GS- 2 Paper

Topic covered– Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Surrogacy (Regulation) Bill, 2019

Context

The Lok Sabha has passed the Surrogacy (Regulation) Bill, 2019 by a voice vote.

About the Bill

  • The Surrogacy (Regulation) Bill, 2019 seeks to ban commercial surrogacy.
  • It provides for constituting a National Surrogacy Board, State Surrogacy Boards.
  • It provides for the appointment of appropriate authorities for the regulation of the practice and process of surrogacy.

Objective of the Bill

  • The Bill is aimed at ending the exploitation of women who are lending their womb for surrogacy, and protecting the rights of children born through this.
  • The Bill will also look after the interests of the couple that opt for surrogacy, ensuring that there are laws protecting them against exploitation by clinics that are carrying this out as a business.

Key features of the Bill

  • The Surrogacy (Regulation) Bill, 2019 defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.

Regulation of surrogacy: The Bill prohibits commercial surrogacy, but allows altruistic surrogacy. 

  • Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
  • Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.

Purposes for which surrogacy is permitted: Surrogacy is permitted when it is-

  1. For intending couples who suffer from proven infertility
  2. Altruistic
  3. Not for commercial purposes
  4. Not for producing children for sale, prostitution or other forms of exploitation
  5. For any condition or disease specified through regulations.

Eligibility criteria for intending couple: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.

  • A certificate of essentiality will be issued upon fulfillment of the following conditions-
  1. A certificate of proven infertility of one or both members of the intending couple from a District Medical Board
  2. An order of parentage and custody of the surrogate child passed by a Magistrate’s court
  3. Insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.
  • The certificate of eligibility to the intending couple is issued upon fulfillment of the following conditions-
  1. The couple being Indian citizens and married for at least five years
  2. Between 23 to 50 years old (wife) and 26 to 55 years old (husband)
  3. They do not have any surviving child (biological, adopted or surrogate); this would not include a child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness
  4. Other conditions that may be specified by regulations.

Eligibility criteria for surrogate mother: To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be-

  1. A close relative of the intending couple
  2. A married woman having a child of her own
  3. 25 to 35 years old
  4. A surrogate only once in her lifetime
  5. Possess a certificate of medical and psychological fitness for surrogacy. Further, the surrogate mother cannot provide her own gametes for surrogacy.

Appropriate authority: The central and state governments shall appoint one or more appropriate authorities within 90 days of the Bill becoming an Act. 

  • The functions of the appropriate authority include-
  1. Granting, suspending or cancelling registration of surrogacy clinics
  2. Enforcing standards for surrogacy clinics
  3. Investigating and taking action against breach of the provisions of the Bill
  4. Recommending modifications to the rules and regulations.

Registration of surrogacy clinics: Surrogacy clinics cannot undertake surrogacy related procedures unless they are registered by the appropriate authority. 

  • Clinics must apply for registration within a period of 60 days from the date of appointment of the appropriate authority.

National and State Surrogacy Boards: The central and the state governments shall constitute the National Surrogacy Board (NSB) and the State Surrogacy Boards (SSB), respectively. 

  • Functions of the NSB include-
  1. Advising the central government on policy matters relating to surrogacy
  2. Laying down the code of conduct of surrogacy clinics
  3. Supervising the functioning of SSBs.

Parentage and abortion of surrogate child: A child born out of a surrogacy procedure will be deemed to be the biological child of the intending couple.

  • An abortion of the surrogate child requires the written consent of the surrogate mother and the authorisation of the appropriate authority.
  • This authorisation must be compliant with the Medical Termination of Pregnancy Act, 1971.
  • Further, the surrogate mother will have an option to withdraw from surrogacy before the embryo is implanted in her womb.

Offences and penalties: The offences under the Bill include-

  1. Undertaking or advertising commercial surrogacy
  2. Exploiting the surrogate mother
  3. Abandoning, exploiting or disowning a surrogate child
  4. Selling or importing human embryo or gametes for surrogacy.
  • The penalty for such offences is imprisonment up to 10 years and a fine up to 10 lakh rupees.
  • The Bill specifies a range of offences and penalties for other contraventions of the provisions of the Bill.

Significance of the Bill: There are very few countries in the world which allow commercial surrogacy, with experts arguing that this is exploitation and abuse of human dignity.

  • The government has a duty to protect the interests of these women.
  • India has emerged as a surrogacy hub for couples from other countries.
  • There are reports concerning unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy.
  • There are reports about the operations of rackets involving intermediaries importing human embryos and gametes.
  • The 228th report of the Law Commission of India has recommended prohibiting commercial surrogacy and allowing altruistic surrogacy by enacting suitable legislation.

GS- 2 Paper

Topic covered– Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

National Medical Commission (NMC) Bill, 2019

Context

FAQs on National Medical Commission (NMC) Bill 2019 released by Ministry of Health and Family Welfare.

About the Bill

  • The National Medical Commission (NMC) Bill, 2019 has been passed by Parliament.
  • The National Medical Commission Bill, 2019 seeks to repeal the Indian Medical Council Act, 1956 and provide for a medical education system which ensures-
  1. Availability of adequate and high quality medical professionals
  2. Adoption of the latest medical research by medical professionals
  3. Periodic assessment of medical institutions,
  4. An effective grievance redressal mechanism.
  • The bill sets up the National Medical Commission (NMC) which will act as an umbrella regulatory body in the medical education system.

Key features of the NMC Bill

Constitution of the National Medical Commission

  • The Bill sets up the National Medical Commission (NMC).
  • Within three years of the passage of the Bill, state governments will establish State Medical Councils at the state level.
  • The NMC will consist of 25 members, appointed by the central government.
  • A Search Committee will recommend names to the central government for the post of Chairperson, and the part time members.
  • The Search Committee will consist of seven members including the Cabinet Secretary and five experts nominated by the central government (of which three will have experience in the medical field).

 Members of the NMC will include

  1. The Chairperson (must be a medical practitioner)
  2. Presidents of the Under-Graduate and Post-Graduate Medical Education Boards
  3. The Director General of Health Services, Directorate General of Health Services
  4. The Director General, Indian Council of Medical Research,
  5. Five members (part-time) to be elected by the registered medical practitioners from amongst themselves from states and union territories for a period of two years.

 Functions of the National Medical Commission

  • Functions of the NMC include-
  1. Framing policies for regulating medical institutions and medical professionals
  2. Assessing the requirements of healthcare related human resources and infrastructure
  3. Ensuring compliance by the State Medical Councils of the regulations made under the Bill
  4. Framing guidelines for determination of fees for up to 50% of the seats in private medical institutions and deemed universities which are regulated under the Bill.

 Medical Advisory Council

  • Under the Bill, the central government will constitute a Medical Advisory Council.
  • The Council will be the primary platform through which the states/union territories can put forth their views and concerns before the NMC.
  • Further, the Council will advise the NMC on measures to determine and maintain minimum standards of medical education.

Autonomous boards

  • The Bill sets up autonomous boards under the supervision of the NMC.
  • Each autonomous board will consist of a President and four members, appointed by the central government.
  • These boards are-
  1. The Under-Graduate Medical Education Board (UGMEB) and the Post-Graduate MedicalEducation Board (PGMEB
  2. The Medical Assessment and Rating Board (MARB
  3. The Ethics and Medical Registration Board

Community health providers

  • Under the Bill, the NMC may grant a limited license to certain mid-level practitioners connected with the modern medical profession to practice medicine.
  • These mid-level practitioners may prescribe specified medicines in primary and preventive healthcare.
  • In any other cases, these practitioners may only prescribe medicines under the supervision of a registered medical practitioner.

 Entrance examinations

  • There will be a uniform National Eligibility-cum-Entrance Test for admission to under-graduate and post-graduate super-speciality medical education in all medical institutions regulated under the Bill.
  • The NMC will specify the manner of conducting common counselling for admission in all such medical institutions.
  • The Bill proposes a common final year undergraduate examination called the National Exit Test for the students graduating from medical institutions to obtain the license for practice.
  • This test will also serve as the basis for admission into post-graduate courses at medical institutions under this Bill.

Significance

  • The Bill seeks to regulate medical education and practice in India. 
  • The Bill attempts to tackle two main things on quality and quantity: Corruption in medical education and shortage of medical professionals.
  • The Bill aims to overhaul the corrupt and inefficient Medical Council of India, which regulates medical education and practice and replace with National medical commission.

Concerns

  • The composition of the members of NMC which are to be nominated by the Union government can possibly lead to favouritism and bureaucratic interference.
  • The Bill provides extensive discretionary powers to the Government.This can reduce the accountability of NMC and make it virtually an advisory body.
  • A bridge course allowing alternative-medicine practitioners to prescribe modern drugs is mentioned in the bill.
  • Unscientific mixing of systems and empowering of other practitioners through bridge courses will only pave the way for substandard doctors and substandard medical practice. This will seriously impact patient care and patient safety.
  • The term Community Health Provider has been vaguely defined.

For Prelims-

22nd National Conference on e-Governance 2019

Highlights

  • 22nd National Conference on e-Governance 2019 will be held at Shillong on August 8-9, 2019.
  • Theme: “Digital India: Success to Excellence”
  • The Department of Administrative Reforms & Public Grievances (DARPG), in association with Ministry of Electronics & Information Technology (MeitY), Government of India and the State Government of Meghalaya will organize the event.
  • The Conference is a part of the DARPG’s 100 days initiatives in the new Government.
  • This Conference provides a platform to disseminate knowledge on effective methods of designing and implementing sustainable e-Governance initiatives to provide end-to-end Digital Services, exchange experiences in solving problems, mitigating risks, resolving issues and planning for success.

PMAY(U) Awards

About

  • Ministry of Housing and Urban Affairs has instituted awards for select beneficiaries of Pradhan Mantri Awas Yojana (Urban)- PMAY(U) from each state/UT.
  • The award is being given under ‘Beneficiary-led Construction’ component for building their house in a most aesthetic and innovative manner.
  • This special award for beneficiaries is likely to enthuse the States / UTs to fulfil the dream of the house for millions, a reality.
  • It will encourage beneficiaries to build their house aesthetically using sustainable methods.
  • To facilitate this, a PMAY(U) mobile application was launched.
  • The mobile app has been designed for beneficiaries to upload high-resolution photographs and videos clips highlighting their success stories of owning a house under PMAY (U).
  • The mobile app has marked its reach to more than 50 thousand beneficiaries so far across all States/ UTs,” stated the release.
  • PMAY(U)- Mission has achieved a significant milestone of approving more than 85 Lakh houses against a demand of about 112 Lakh houses in urban areas.
  • Out of these, around 50 Lakh houses are at various stages of construction and more than 26 lakh houses have already been completed.

 

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