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Delhi High Court Reverses Abortion Approval Order

Why in News?

Recently, the Delhi High Court has overturned its previous decision that allowed a 26-year-old woman to terminate her pregnancy at 29 weeks. The court has now emphasized the unborn child's right to life, instructing the woman to deliver her baby either at AIIMS or any other central or state hospital.

What is the Status of Medical Termination of Pregnancy in India?

• In the 1960s, a significant rise in induced abortions prompted the Indian government to form the Shantilal Shah Committee.
• This committee was tasked with discussing the potential legalization of abortion in India.
• The recommendations from this committee led to the enactment of the Medical Termination of Pregnancy (MTP) Act in 1971.
• The MTP Act was designed to allow safe and legal abortions, aimed at protecting women's health and reducing maternal mortality rates.

MTP Act and Subsequent Amendment:

• The MTP Act of 1971 permits licensed medical professionals to perform abortions under specific circumstances, which are outlined in the legislation.
• In 2021, the MTP Amendment Act was introduced, updating various provisions of the original act.

Provisions for Terminating Pregnancy:

Other Key Features of MTP Amendment Act 2021:

• Termination Due to Failure of Contraceptive Method or Device: The MTP Act allows married women to terminate pregnancies up to 20 weeks if contraception fails.
• The MTP Amendment Act extends this provision to unmarried women as well.
• Medical Boards: These boards will evaluate pregnancies beyond 24 weeks for significant fetal abnormalities, comprising specialists like gynaecologists, pediatricians, and radiologists, and will be set up by all state and union territory governments.
• Privacy Measures: A registered medical practitioner may only disclose details of a terminated pregnancy to lawfully authorized individuals. Violations can lead to imprisonment for up to one year, fines, or both.

Constitutional Stance:

• While the Constitution does not explicitly mention the right to abortion, certain fundamental rights are associated with reproductive rights and women's healthcare.
• Article 21 - Right to Life and Personal Liberty: The Supreme Court interprets this right broadly, encompassing reproductive autonomy and healthcare (as seen in the Suchita Srivastava vs. Chandigarh Administration case, 2009).
• Recently, the court noted that the rights of an unborn child must be considered alongside a woman's reproductive rights.

Global Trends:

• Globally, there has been a trend towards the liberalization of abortion laws and enhanced access to abortion services.
• Since the early 1990s, around 60 countries have relaxed their abortion laws, expanding the legal grounds for abortion.
• However, only four countries—United States, El Salvador, Nicaragua, and Poland—have tightened their abortion laws by removing legal grounds for the procedure during the same timeframe.
• A pivotal event occurred in 2022 when the U.S. Supreme Court revoked the constitutional right to abortion established by the Roe v. Wade case.

Idate Commission Report

Why in news?

Recently, the National Human Rights Commission (NHRC) has highlighted the critical need to implement the recommendations from the Idate Commission report to tackle the issues faced by Nomadic, Semi-Nomadic, and De-Notified Tribes (NTs, SNTs, and DNTs) in India. The NHRC has called upon the government to either repeal the Habitual Offenders Act, 1952, or appoint representatives from the De-notified Tribe community along with nodal officers as required by the Act. Furthermore, it has suggested that DNTs/NTs/SNTs should be excluded from SC/ST/OBC categories and that specific policies be developed for their welfare.

What were the Major Recommendations of the Idate Commission?

• The Idate Commission was established in 2014, led by Bhiku Ramji Idate, with the goal of creating a comprehensive state catalogue of De-Notified, Nomadic, and Semi-Nomadic Tribes (DNTs).
• It aimed to recognize those excluded from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) categories and to recommend welfare measures for their benefit.
• It recommended assigning individuals not listed in SCs/STs/OBCs to the OBC category.
• It proposed enhancing legal and constitutional protections by adding a third schedule to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to prevent abuses and restore a sense of security among these communities.
• The Commission suggested the creation of a permanent commission with legal authority for DNTs, SNTs, and NTs.
• It called for the establishment of a separate department dedicated to the welfare of these tribes in states with significant populations.
• The Commission recommended conducting a comprehensive survey of DNT families to assess their numbers and distribution accurately.

Who are Denotified, Nomadic, and Semi-Nomadic Tribes?

• These tribes are also referred to as 'Vimukt Jatis' and are among the most marginalized and disadvantaged groups in India.
• Historically, De-notified communities were branded as 'born criminals' during British colonial rule under laws such as the Criminal Tribes Act, 1871.
• They were officially de-notified by the Indian Government in 1952.
• Many of these tribes are nomadic, meaning they do not have permanent homes and often migrate.
• Nomadic and semi-nomadic tribes are characterized by their patterns of movement, lacking access to private land or home ownership.
• While many DNTs fall under various categories, some are not recognized in any SC, ST, or OBC classifications.

Major Committees/Commissions for NTs, SNTs, and DNTs Communities:

• Criminal Tribes Inquiry Committee, 1947, established in the United Provinces (now Uttar Pradesh).
• Ananthasayanam Ayyangar Committee, 1949, led to the repeal of the Criminal Tribes Act, 1871.
• Kaka Kalelkar Commission (first OBC Commission), 1953.
• B P Mandal Commission, 1980, which made relevant recommendations for NTs, SNTs, and DNTs.
• National Commission to Review the Working of the Constitution (NCRWC), 2002, which noted that DNTs have been unjustly labeled as crime-prone and face exploitation and harsh treatment from law enforcement and society.

Distribution:

• Approximately 10% of India's population comprises NTs, SNTs, and DNTs.
• There are around 150 Denotified Tribes, while Nomadic Tribes consist of around 500 different communities.
• South Asia is estimated to host the world's largest population of nomads.

What are the Challenges Faced by Nomadic Tribes?

• Lack of Basic Infrastructure Facilities: These communities often lack access to essential resources like drinking water, shelter, and sanitation, which hinders their quality of life. They also face significant barriers to healthcare and education.
• Lack of Social Security Cover: Due to their transient lifestyle, many individuals do not have permanent residences, which results in exclusion from social security programs and government welfare initiatives requiring documentation like ration cards, Aadhar cards, and caste certificates.
• Bad Treatment by Local Administration: The historical stigma of being labeled as criminals continues to affect their treatment by local authorities, leading to harassment and abuse.
• Ambiguous Caste Categorisation: The classification of these tribes can be inconsistent, with some being recognized as Scheduled Castes (SC) in certain states and as Other Backward Classes (OBC) in others.

What Developmental Efforts have been Taken for these Tribes?

• Dr Ambedkar Pre-Matric and Post-Matric Scholarship for DNTs: This Centrally Sponsored Scheme was initiated in 2014-15 to support DNT students who do not fall under other scholarship schemes, particularly focusing on educating DNT children, especially girls.
• Nanaji Deshmukh Scheme for Construction of Hostels for DNT Boys and Girls: Launched in 2014-15, this scheme, implemented through State Governments/UT Administrations/Central Universities, aims to provide hostel accommodations for DNT students pursuing higher education.
• Scheme for Economic Empowerment of DNTs: This initiative is designed to offer free coaching for competitive exams, health insurance, housing support, and livelihood opportunities, with an allocation of Rs. 200 crores over five years starting from 2021-22, executed by the Development and Welfare Board for De-notified, Nomadic, and Semi-Nomadic Communities (DWBDNCs).

Alliance for Global Good Gender Equity and Equality

Why in news?

The 'Alliance for Global Good Gender Equity and Equality' was introduced at the World Economic Forum's (WEF) annual meeting in Davos, with significant support from India.

• Origin: The concept for this alliance originated from the G20 Leaders’ Declaration and reflects India’s long-standing dedication to promoting women-led development.
• Objective: The alliance aims to consolidate global best practices, facilitate knowledge sharing, and increase investments in key areas such as women's health, education, and entrepreneurship.

Key Collaboration:

• Network Partner: The World Economic Forum
• Institutional Partner: Invest India
• Strengthening G20 Commitments Towards Women: The alliance will enhance initiatives within the G20 framework, which includes Business 20, Women 20, and G20 EMPOWER.
• Foundation Support: The alliance will be based at the CII Centre for Women Leadership, receiving backing from the Bill and Melinda Gates Foundation.
• Genesis: Established in 1971, this not-for-profit foundation is headquartered in Geneva, Switzerland.
• About: It operates as an International Organization for Public-Private Cooperation, focusing on promoting entrepreneurship in the public interest while adhering to high governance standards.
• Investment Promotion: The organization serves as an advisor, guide, and facilitator for investors seeking to establish a presence in India, offering a comprehensive solution for both global and domestic investors.

Multiple Sclerosis

Why in News?

Recent research has utilized ancient DNA extracted from the bones and teeth of Europeans dating back to 34,000 years ago, shedding light on the origins of Multiple Sclerosis (MS), a neurological disease that can lead to significant disability. The study involved sequencing the DNA from 1,664 individuals across various locations in Western Europe and Asia.

Key Observations

• The ancient genomes were compared with modern DNA from the UK Biobank, which includes data from approximately 410,000 self-identified "white-British" individuals and over 24,000 people born outside the UK.
• A significant finding linked to MS, an autoimmune disorder affecting the brain and spinal cord, was the identification of a crucial migration event around 5,000 years ago. This was when the Yamnaya people, livestock herders from modern-day Ukraine and southern Russia, migrated into Western Europe.
• This migration brought with it genetic traits that were initially advantageous and offered protection against infections from sheep and cattle. However, as hygiene improved over time, these same genetic variants became associated with an increased risk of developing Multiple Sclerosis.

What is Multiple Sclerosis?

• Multiple Sclerosis (MS) is a chronic autoimmune condition where the immune system mistakenly attacks the body's own tissues. It primarily impacts the central nervous system (CNS).
• In MS, the immune response targets and damages the myelin sheath, the protective layer surrounding nerve fibers in the brain and spinal cord, leading to various neurological symptoms.

Symptoms: Common symptoms of MS include:

• Muscle weakness and numbness.
• Frequent or urgent need to urinate, or difficulties in bladder control.
• Bowel issues, fatigue, dizziness, and damage to nerve fibers in the spinal cord.
• Due to the wide range of symptoms, early diagnosis is challenging, often resulting in years of delay before the condition is identified, as pinpointing a specific cause or trigger is difficult.

Causes: The exact etiology of Multiple Sclerosis remains unclear, but it is believed to be the result of a combination of factors, including:

• Genetic predispositions that may be inherited.
• Lifestyle factors such as smoking and high-stress levels.
• Deficiencies in essential vitamins like Vitamin D and B12.

What is Deoxyribonucleic Acid (DNA)?

• DNA, or Deoxyribonucleic Acid, is a complex organic molecule that serves as the hereditary material in living organisms.
• It is composed of long chains of monomer nucleotides arranged in a double helix structure, a discovery made by James Watson and Francis Crick in 1953.
• DNA is crucial for transferring genetic information from one generation to the next, with the majority of it located in the cell nucleus, hence referred to as nuclear DNA.

Concerns Related to Anganwadi Worker

Why in news?

Anganwadi workers in Andhra Pradesh are currently on strike, demanding improved wages and benefits. In response, the state government has invoked the Essential Services and Maintenance Act (ESMA) of 1971, which prohibits their strike for six months due to the negative impact of their indefinite strike on the Integrated Child Development Services (ICDS) provided at Anganwadi Centres.

What are the Anganwadi Services and Role of Anganwadi Workers?

The Integrated Child Development Services (ICDS) scheme was initiated in India on October 2, 1975, and is now referred to as Anganwadi Services. These services are part of the Saksham Anganwadi and Poshan 2.0 initiative. It is a Centrally Sponsored Scheme executed by state and union territory governments to provide early childhood care and development for beneficiaries, including children aged 0-6 years, as well as pregnant and lactating women, through a vast network of Anganwadi workers (AWWs) and helpers (AWHs).

Services Provided by Anganwadi:

• Available to all eligible beneficiaries, including children in the 0-6 age group, pregnant women, and lactating mothers through Anganwadi Centres nationwide.
• Three key services related to health include Immunization, Health Check-ups, and Referral Services, provided through the National Rural Health Mission and public health infrastructure.

Tracking of Anganwadi Services:

The Poshan tracker, an ICT platform, has been developed to collect real-time data on the implementation and monitoring of Anganwadi Services throughout the country. This system offers a comprehensive view of Anganwadi Centre activities, service deliveries by Anganwadi Workers, and complete beneficiary management.

Major Roles and Responsibilities of AWWs

Community Outreach and Mobilization:

• Registering Beneficiaries: Identifying and registering eligible pregnant women, lactating mothers, and children under six for ICDS services.
• Mobilizing Communities: Encouraging community involvement in Anganwadi initiatives and raising awareness about ICDS programs and healthy practices.

Childcare and Early Childhood Education:

• Managing Anganwadi Centers: Ensuring cleanliness and hygiene, maintaining records, and preparing educational materials.
• Providing Pre-school Education: Conducting age-appropriate activities like play and storytelling to prepare children for school.
• Monitoring Growth and Development: Regularly measuring children’s height and weight and identifying any developmental delays for further intervention.
• Counseling Parents: Offering guidance on childcare practices, nutrition, and healthy habits.

Health and Nutrition:

• Distributing Supplementary Nutrition: Providing hot cooked meals, take-home rations, and nutritional supplements to combat malnutrition among mothers and children.
• Conducting Health Check-ups: Monitoring children’s health, performing basic check-ups, and referring them to health facilities when necessary.
• Immunization: Assisting healthcare workers with immunization drives to ensure timely vaccinations.
• Raising Awareness: Educating communities about health, hygiene, and child development practices.

What are the Major Challenges Encountered by AWWs?

• Anganwadi workers are not recognized as government employees, resulting in monthly payments significantly below the minimum wage in many states, typically ranging from Rs. 5,000 to Rs. 10,000.
• This inadequate compensation often hinders their ability to meet basic needs and affects their commitment to work.
• Common delays in receiving payments exacerbate their financial insecurity.

Overburdened with Work and Responsibilities:

• AWWs are tasked with numerous responsibilities, including additional duties related to COVID-19, Census activities, and government schemes like Ayushman Bharat, often without additional pay.
• This overwhelming workload can lead to burnout and negatively impact the quality of services they provide.

Lack of Proper Training and Resources:

• Initial training for AWWs is often insufficient to prepare them for the complex daily tasks they face.
• Many Anganwadi centres lack essential resources, such as proper infrastructure and educational materials, further complicating their work.

Lack of Social Recognition and Respect:

• Anganwadi workers frequently encounter societal stigma and a lack of acknowledgment for their vital contributions, which can diminish their morale and motivation.

Way Forward

• Elevated Compensation and Benefits:
  • Implement fair and timely salary revisions that reflect the cost of living.
  • Introduce comprehensive social security packages, including health insurance, provident funds, and maternity leave.
• Professional Growth and Recognition:
  • Establish dedicated pathways for career progression with opportunities for promotion.
  • Conduct regular, intensive training programs focused on child development, health, nutrition, and early childhood education.
  • Provide formal qualifications and certifications to acknowledge their expertise.
• Enhanced Working Conditions and Resources:
  • Ensure optimal staffing levels by adding more Anganwadi helpers to lessen the workload.
  • Modernize Anganwadi centres with improved infrastructure and necessary learning materials.
  • Implement tech-enabled solutions for better record-keeping, monitoring, and communication.

Amendment to Surrogacy Rules

Why in news?

Recently, the Indian government revised the Surrogacy (Regulation) Rules, 2022, permitting married couples to utilize donor eggs or sperm when one partner has a medical condition. This change reverses a previous amendment from March 2023 that prohibited the use of donor gametes. The decision aims to alleviate the distress faced by couples unable to conceive due to specific medical conditions.

What are the Major Provisions of the Amended Surrogacy Rules?

Background:

• The earlier rules restricted surrogacy to couples using their own gametes, which limited options for those with medical challenges.
• This led to legal disputes, including a case in the Supreme Court involving a woman with Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome, which results in infertility.
• The Supreme Court critiqued these regulations, stating they undermined the fundamental purpose of surrogacy.

Recent Amended Provisions:

• Surrogacy is now allowed with donor gametes if either spouse is certified by the District Medical Board as needing them due to medical reasons.
• However, couples cannot pursue surrogacy if both partners have medical issues.
• For divorced or widowed women seeking surrogacy, the rules require the use of the woman's own eggs along with donor sperm.

What is Surrogacy?

About:

• Surrogacy is a method where a woman, known as a surrogate mother, agrees to carry and give birth to a baby for another individual or couple, referred to as the intended parents.

Types:

• Traditional Surrogacy: This involves the surrogate's egg being fertilized by the intended father's sperm. The surrogate is biologically related to the child.
• Gestational Surrogacy: In this case, the child is not biologically related to the surrogate. An embryo is created using the intended father's sperm (or donor sperm) and the biological mother's egg (or donor egg) and implanted in the surrogate's uterus.

Surrogacy Arrangements:

• Altruistic Surrogacy: In this type, the surrogate does not receive payment beyond reimbursement for medical expenses. The motivation is often to help others achieve parenthood.
• Commercial Surrogacy: Here, the surrogate receives financial compensation beyond medical reimbursements. The terms can vary based on location and legal frameworks.

What are the Other Provisions Related to Surrogacy in India?

Permissibility:

• The Surrogacy (Regulation) Act 2021 allows surrogacy only for altruistic purposes or for couples with verified infertility or medical conditions.
• Commercial surrogacy, including any practices that involve sale or exploitation, is strictly prohibited.

• Couples must have been married for a minimum of 5 years.
• The wife should be aged between 25 and 50 years, while the husband should be between 26 and 55 years.
• They must not have any living children, whether biological, adopted, or through surrogacy, except in cases of children with disabilities or life-threatening conditions.

• The surrogate must be a close relative of the couple.
• She should be a married woman who has at least one child.
• Her age must be between 25 and 35 years, and she can only be a surrogate once in her lifetime.

• Upon birth, the child is legally recognized as the biological child of the intended couple.
• Any abortion of the fetus requires consent from both the surrogate mother and the relevant authorities, in accordance with the Medical Termination of Pregnancy Act.