Current Affairs 12-OCT-2023 (The Hindu)

Evolution of Abortion Legislation in India

Evolution of Abortion in India

(C-B,D-H,T => Pg-14,12,10)

Evolution of Abortion Legislation in India

1. Indian Penal Code Section 312

2. Medical Termination of Pregnancy (MTP) Act 1971

  • To increase access to safe abortions.
  • To provide conditions under which pregnancy can be terminated.

3. MTP (Amendment) Act 2021

  • Conditions under which abortion is allowed:
    • Risk to the life of the pregnant woman.
    • When the physical or mental health of the pregnant woman would be affected (e.g., in cases of rape and failure of contraceptives).
    • Physical or mental abnormality for the newborn.
  • Opinion of medical practitioner:
  • Geostational Limit:

    • Up to 20 weeks - opinion of one medical practitioner.
    • 20 to 24 weeks - opinion of two medical practitioners.

Abortion is allowed in the following cases:

  • Survivors of sexual assault or rape.
  • Pregnant minor women.
  • Change of marital status during pregnancy.
  • Major physical and mental disability.
  • If the child born would be seriously handicapped.

Extraordinary cases:

  • Medical termination of pregnancy allowed even after 24 weeks in case of fetal abnormalities, with a decision taken by the medical board set up by the state.

Exception:

  • Termination to save the life of the mother. It is resorted to when the likelihood of the mother's immediate death is high.

UPSC 2019 Prelims Question

Q. Which of the following statements is/are correct regarding the Maternity Benefit Amendment Act, 2017:

  1. Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave.
  2. Enterprises with creches must allow the mother a minimum of six creche visits daily.
  3. Women with two children get reduced entitlements.

Which of the above statements is/are correct?

a) 1 and 2 only

b) 2 only

c) 3 only

d) 1, 2, and 3


Line of Actual Control (LAC)

(C-B-D-H,T => Pg-12,8)

LAC

  • Temporary boundary line that separates Indian controlled territory from Chinese controlled territory.
  • No common consensus on the line.

Eastern Sector

  • Includes Arunachal Pradesh and Sikkim.
  • India's claim is based on the McMahon Line.

McMahon Line

  • Based on the outcome of the Shimla Convention.

Shimla Convention

  • Conducted in 1914 involving British India, Tibet, and China.
  • Purpose: Delineation of boundaries between British India and Tibet.
  • Result: Arunachal Pradesh was brought under the control of British India.
  • A new demarcated line called the McMahon Line was established.
  • China rejected the McMahon Line for the following reasons:
    • Article 2 of the Shimla Convention.
    • Condition to China: Tibet will not be annexed by China.
  • As a result, China rejected the convention and claimed Arunachal Pradesh as its territory.

Practice Question – Prelims

Q. Consider the following states:

  • Himachal Pradesh
  • Uttarakhand
  • West Bengal
  • Sikkim

How many of the above States share a border with both China and Nepal?

(a) Only one

(b) Only two

(c) Only three

(d) All four


Comptroller and Auditor General (CAG)

(C-B,D-H,T => Pg-14,12,10)

CAG

Article 148 - Office of CAG

  • Head - Indian Audit & Accounts Department.
  • Independent institution.

Duties of the CAG

  • To uphold the Indian Constitution and parliamentary laws in the field of financial administration.
  • Audit of all the financial transactions of the central and the states.
  • Guardian of the public purse.

Appointment and Tenure

  • Appointment and Oath - President of India.
  • Tenure - 6 years or up to 65 years of age, whichever is earlier.
  • Security of tenure:
    • Removal by the President - only based on the procedure mentioned in the Constitution.
    • CAG does not hold the office at the pleasure of the President.
    • Not eligible for further appointment under the central or state government.

Removal Process

  • Resignation - by letter to the President.
  • Removal - by the President:
    • Same grounds and same manner of the removal of a Supreme Court judge.
    • Ground - proved misbehavior or incapacity.
    • Removal resolution - Initiated in any house of Parliament.
    • Passage of resolution - Special majority.
    • Result - Removal by the President.

Functions of the CAG

  • Audit of accounts related to expenditure from:
    • Consolidated Fund of India.
    • Consolidated Fund of each state.
    • Consolidated Fund of UT with Legislative assembly.
    • Contingency Fund of India.
    • Contingency Fund of each state.
    • Public Account of India.
    • Public Account of each state.
  • Audit of receipts and expenditure of:
    • All bodies and authorities substantially financed by the Central or state government.
    • Government companies, corporations, or bodies.
  • Audit of accounts when requested by the President or Governor.
  • Submission of the audit reports of the Central government to the President.
  • Submission of the audit reports of the state government to the Governor.
  • Advice to the President regarding accounts of the center and states.

Practice Question – Prelims

Q. Consider the following statements regarding the Comptroller and Auditor General (CAG) of India:

  1. The CAG holds the office till the pleasure of the President.
  2. The office of the CAG comes under the jurisdiction of the Ministry of Finance.
  3. The CAG annually submits the audit report of the Central government directly to the Parliament.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

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