Crucial Bills And Amendments for IAS Prelims 2017: The Juvenile Justice Act, ‘Surrogacy (Regulation) Bill, 2016’

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Crucial Bills And Amendments for IAS Prelims 2017: The Juvenile Justice Act, 'Surrogacy (Regulation) Bill, 2016'

Crucial Bills And Amendments for IAS Prelims 2017: The Union Public Service Commission (UPSC) will conduct the civil services (CS) preliminary examination on June 18 this year. It is one of the most esteemed and toughest exams in the country. With a success rate of 0.1- 0.3 percent of the total percentage of candidates who apply, it is really difficult to nail the examination.

Crucial Bills And Amendments for IAS Prelims 2017: The Enemy Property Bill, Arbitration and Conciliation Bill

 

This article covers some of the most important Bills and Amendments which will help you for your upcoming IAS Prelims Preparation.

Crucial Bills And Amendments for IAS Prelims 2017: The Juvenile Justice Act, ‘Surrogacy (Regulation) Bill, 2016’

Today we will discuss the next two bills. Below mentioned is the explanation of the the next two topics i.e The Juvenile Justice Act, ‘Surrogacy (Regulation) Bill, 2016’.

Juvenile Justice (Care and Protection of Children) Act, 2015

Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of India. It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can be tried as adults. The Act came into force from 15 January 2016.

Objectives

An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation and for matters connected therewith or incidental thereto.

Salient Features

  • The bill allows for juveniles 16 years or older to be tried as adults for heinous offences like rape and murder. Heinous offences are those which are punishable with imprisonment of seven years or more.
  • The bill mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district. Both must have at least one woman member each.
  • Once the bill becomes law, the decision to try a juvenile 16 years or older as an adult will be taken by the Juvenile Justice Board, which will have a judicial magistrate and two social workers as members. If the board decides against it, the juvenile will be sent for rehabilitation.
  • Eligibility of adoptive parents and the procedure for adoption have been included in the Bill.
  • Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed.
  • Under the institutional care, children are provided with various services including education, health, nutrition, de-addiction, treatment of diseases, vocational training, skill development, life skill education, counselling, etc to help them assume a constructive role in the society. The variety of non-institutional options include: sponsorship and foster care including group foster care for placing children in a family environment which is other than child’s biological family, which is to be selected, qualified, approved and supervised for providing care to children.
  • Several new offences committed against children, which are so far not adequately covered under any other law, are included in the Act. These include: sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offences against disabled children and, kidnapping and abduction of children.
  • All child care institutions, whether run by State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially for housing children, regardless of whether they receive grants from the Government, are to be mandatorily registered under the Act within 6 months from the date of commencement of the Act. Stringent penalty is provided in the law in case of non-compliance.

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The Surrogacy (Regulation) Bill, 2016

The Surrogacy (Regulation) Bill, 2016 was introduced by Minister of Health and Family Welfare, Mr. J. P. Nadda in Lok Sabha on November 21, 2016.  The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple and agrees to hand over the child after the birth to the intending couple.

Types of Surrogacy

Straight or Traditional Surrogacy: The surrogate mother uses an insemination kit to become pregnant using the intended father’s semen. The baby will therefore be conceived using the surrogate’s egg.

Host (or gestational) surrogacy – Host surrogacy is when IVF is used, either with the eggs of the intended mother, or with donor eggs. The surrogate mother therefore does not use her own eggs, and is genetically unrelated to the baby. It is physically more complicated and considerably more expensive than straight surrogacy.

Salient Features

The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple and agrees to hand over the child after the birth to the intending couple.

  • Surrogacy is when another woman carries and gives birth to a baby for the couple who want to have a child.
  • According to the Bill, only Indian couples, who have been married for atleast 5 years can opt for surrogacy, provided at least one of them have been proven to have fertility-related issues.
  • Only close relatives, not necessarily related by blood, will be able to offer altruistic surrogacy to the eligible couples.
  • The new Bill has put a complete ban on commercial surrogacy.
  • It also bans unmarried people, live-in couples and homosexuals from opting for altruistic surrogacy. Now, foreigners, even Overseas Indians, cannot commission surrogacy.
  • A woman can become a surrogate mother only for altruistic purpose and under no circumstances she will be paid for it, although payment can be made towards medical expenses.
  • The law will be applicable to the whole of India, except for the state of Jammu and Kashmir.
  • All Assisted Reproductive Technology (ART) clinics will need to be registered.
  • Surrogacy clinics will be allowed to charge for the services rendered in the course of surrogacy, but the surrogate mother cannot be paid.
  • Commercial surrogacy, abandoning the surrogate child, exploitation of surrogate mother, selling/import of human embryo have all been categorised as violations that are punishable by a jail term of at least 10 years and a fine of up to Rs 10 lakh.

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Here, we conclude our article on Crucial Bills And Amendments for IAS Prelims 2017. Stay tuned with us for the rest of the topic that we will discuss day by day. 

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