THE INDIAN POLITY AND GOVERNANCE

1.THE LATEST GUIDELINES ON ARRESTS AND BAIL ORDERS

THE CONTEXT: Recently, a division bench of the Supreme Court of India in Satender Kumar Antil vs CBI laid down fresh guidelines on arrests in order to have strict compliance with the provisions of Section 41 and 41A of the Code of Criminal Procedure, 1973.

THE EXPLANATION:

• These guidelines are in addition to the earlier ones which the apex court had already laid down in the case of Arnesh Kumar vs State of Bihar (2014). The Court in the present case has also emphasised upon separate legislation on the law relating to bail and has also issued specific directions in this regard.
• Also, recently the Chief Justice of India (CJI) cautioned against “hasty and indiscriminate arrests”. He further commented on the delay in bails and the plight of undertrial prisoners.

How is a person arrested?

• Arrest in its simplest form is defined as, “when one is taken and restrained from his liberty”. The police has wide powers to arrest under the Code of Criminal Procedure, 1973. In the Joginder Kumar (1994) verdict, the Court had stated that “arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person”.
• Further, in the case of Arnesh Kumar, the apex Court had rightly observed that “arrest brings humiliation, curtails freedom and cast scars forever”. In recent times, there have been several controversies regarding the arrest and subsequent bail of accused persons.

What are Sections 41 and 41A of the Code of Criminal Procedure?

• Section 41 of the Code provides for the circumstances in which arrest can be made by the police without a warrant and mandates for reasons to be recorded in writing for every arrest and non-arrest.
• Section 41A of the Code provides for the requirement of a notice to be sent by the investigating agencies before making an arrest in certain conditions prescribed by the Code. The Court stated that any dereliction on the part of the agencies has to be brought to the notice of the higher authorities by the court followed by appropriate action.

The Bench further said that the courts will have to satisfy themselves on the compliance of Section 41 and 41A. Any non-compliance would entitle the accused for grant of bail.

What are the guidelines with respect to bail?

• As part of the new guidelines, it is clearly stated that there need not be any insistence on a bail application while considering the application under Sections 88, 170, 204 and 209 of the Code. The Court said that “there needs to be a strict compliance of the mandate laid down in the judgment of this court in Siddharth”( Siddharth vs State of U.P., 2021).
• It is a clear direction of the Court that bail applications ought to be disposed of within a period of two weeks except if the provisions mandate otherwise — the exception being an intervening application. The Court also said that “applications for anticipatory bail are expected to be disposed of within a period of six weeks with the exception of any intervening application”.

VALUE ADDITION:

Types of Bail in India

Depending upon the sage of the criminal matter, there are commonly three types of bail in India:

1. Regular bail- A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under sections 437 and 439 of CrPC.
2. Interim bail– This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
3. Anticipatory bail– Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offence.

What is default bail?

• Also known as statutory bail, this is a right to bail that accrues when the police fail to complete the investigation within a specified period in respect of a person in judicial custody. This is enshrined in Section 167(2) of the Code of Criminal Procedure where it is not possible for the police to complete an investigation in 24 hours, the police produce the suspect in court and seek orders for either police or judicial custody. This section concerns the total period up to which a person may be remanded in custody prior to the filing of the charge sheet.
• For most offences, the police have 60 days to complete the investigation and file a final report before the court. However, where the offence attracts a death sentence or life imprisonment, or a jail term of not less than 10 years, the period available is 90 days. In other words, a magistrate cannot authorise a person’s judicial remand beyond the 60-or 90-day limit.
• At the end of this period, if the investigation is not complete, the court shall release the person “if he is prepared to and does furnish bail”.

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

2.TOLL OF HUMAN-ANIMAL CONFLICT ON TIGERS, ELEPHANTS AND PEOPLE

THE CONTEXT: According to the Ministry of Environment, forest, and climate change between 2018-19 and 2020-21, 222 elephants were killed by electrocution across the country, 45 by trains, 29 by poachers and 11 by poisoning. Among tigers, too, 29 were killed by poaching between 2019 and 2021, while 197 tiger deaths are under scrutiny.

THE EXPLANATION:

• Among human casualties of conflict with animals, elephants killed 1,579 humans in three years — 585 in 2019-20, 461 in 2020-21, and 533 in 2021-22. Odisha accounted for the highest number of these deaths at 322,followed by Jharkhand at 291 (including 133 in 2021-22 alone), West Bengal at 240, Assam at 229, Chhattisgarh at 183, and Tamil Nadu at 152.
• Tigers killed 125 humans in reserves between 2019 and 2021. Maharashtra accounted for nearly half these deaths, at 61. For tiger deaths caused by human activity.
• Among the 222 elephant deaths caused by electrocution, Odisha accounted for 41, Tamil Nadu for 34 and Assam for 33. Odisha (12 out of 45) also had the highest number of elephant deaths caused by trains, followed by West Bengal (11) and Assam (9). Poaching deaths were highest in Meghalaya (12 out of 29) while poisoning deaths were highest in Assam (9 out of 11, including 8 in 2018-19 alone).
• As a result of concerted efforts made for protection and conservation of wildlife, the population of several wildlife species like Tigers, Elephants, Asiatic Lion, Rhino etc. in the country has increased”.
• “Assessments of human-wildlife conflicts indicate that the main causes of human wildlife conflict include habitat loss, growth of population of wild animals, changing cropping patterns that attract wild animals to farmlands, movement of wild animals from forests area to human dominated landscapes for food and fodder, movement of human beings to forests for illegal collection of forest produce, habitat degradation due to growth of invasive alien species, etc.

VALUE ADDITION:

About Project REHAB:

• Project RE-HAB stands for Reducing Elephant-Human Attacks using Bees. It is an initiative of the Khadi and Village Industries Commission (KVIC).
• The project has been launched as a sub-mission of KVIC’s National Honey Mission.
• It intends to create “bee fences” to thwart elephant attacks in human habitations using honeybees.
• Bee boxes have been placed on the ground as well as hung from the trees.
• The boxes are connected with a string so that when elephants attempt to pass through, a tug causes the bees to swarm the elephant herds and dissuade them from progressing further.
• This idea stems from the elephants’ proven fear of the bees.
• The project aims to mitigate Human– elephant conflicts in the country.
• It was launched as a pilot project launched on the periphery of Nagarhole National Park in Karnataka.

National Honey Mission:

• Launched by Khadi and Village Industries Commission(KVIC)
• To provide sustainable employment and income to rural and urban unemployed youth.
• To conserve the honeybee habitat and tapping untapped natural resources.
• Promote beekeeping for increasing crop productivity and pollination services avenue for beekeepers and farmers.

3.CLEARANCE OF GENETIC ENGINEERING APPRAISAL COMMITTEE (GEAC) MANDATORY FOR THE ENVIRONMENTAL RELEASE OF GENETICALLY MODIFIED (GM) CROPS

THE CONTEXT: According to the Ministry of Environment, Ecology and Climate Change the Clearance of Genetic Engineering Appraisal Committee (GEAC) Mandatory for the Environmental Release of Genetically Modified (GM) Crops.

THE EXPLANATION:

• The Genetic Engineering Appraisal Committee (GEAC) is the statutory committee constituted under the “Rules for the Manufacture, Use/Import/Export and Storage of Hazardous Micro Organisms/Genetically Engineered Organisms or Cells (Rules, 1989)” framed under Environment (Protection) Act, 1986.
• Applications are considered by GEAC as per the provisions of the Rules, 1989 and amendments thereafter. Every set of application has specific form and pre-requisite documents along with recommendations, wherever needed.

About the Clearance:

• Clearance of Genetic Engineering Appraisal Committee (GEAC) is mandatory for the environmental release of Genetically Modified (GM) crops. As per the ‘’Rules 1989’’, State/UT Biotechnology Coordination Committees and District Level Committees are responsible for monitoring instances of illegal cultivation of GM crops and taking appropriate action under Environment (Protection) Act, 1986.
• The Chief Secretary of State/UT is the Chairperson for the State Biotechnology Coordination Committee (SBCC). Any complaints that come to the notice of GEAC secretariat are sent to the Chief Secretary.
• For the consideration of any application related to confined field trials of Genetically Modified (GM) crops by GEAC, NOC from the State/UT Government is required.

For Genetically Modified Crop

• Bt cotton is the only GM crop which has been approved for commercial cultivation in India. The Indian Council of Agricultural Research (ICAR) conducted study during (2012 -2015) on impact of Bt cotton on 2700 cotton growing farmers belonging to 18 major cotton growing districts of Maharashtra and it was observed that the average seed cotton yield increased after the adoption of Bt Cotton.
• Also, ICAR has done the feeding studies of Bt cotton on various animals viz., broiler chickens, lambs, cows and goat which was found to be safe.

4.INDIA DESIGNATES 5 NEW RAMSAR SITES

THE CONTEXT: India has designated five (5) new wetlands of International importance, which include three wetlands (Karikili Bird Sanctuary, Pallikaranai Marsh Reserve Forest & Pichavaram Mangrove) in Tamil Nadu, one (Pala wetland) in Mizoram and one wetland (Sakhya Sagar) in Madhya Pradesh, making a total of 54 Ramsar sites in the country.  The Ramsar sites have been increased from 49 to 54 Ramsar sites.

THE EXPLANATION:

• India has the largest number of Ramsar sites in Asia, according to data available with the Environment Ministry. A wetland is an ecosystem flooded by water, seasonally or permanently.
• Under the Ramsar Convention, an intergovernmental treaty for the conservation of wetlands, contracting parties are expected to identify and place suitable wetlands onto the ‘list of wetlands of international importance’, also known as the Ramsar List.
• The convention has several mechanisms to help parties designate their most significant wetlands as Ramsar Sites, and to take the steps necessary to manage them effectively by maintaining their ecological character.

Criteria for declaring the wetlands

• “Ramsar Sites are designated because they meet the criteria for identifying wetlands of international importance. The first criterion refers to sites containing representative, rare or unique wetland types, and the other eight cover sites of international importance for conserving biological diversity. These criteria emphasize the importance the convention places on sustaining biodiversity,” the convention’s website states.
• The Pichavaram mangrove, for instance, which got the Ramsar tag on April 8, 2022 is one of the largest mangrove ecosystems in India with littoral and swamp forest habitats, located between the estuaries of the Vellar and Kollidam rivers. Trees here are permanently rooted under a few feets of water.

THE SCIENCE AND TECHNOLOGY

5.THE PRIVATE SECTOR BOOST IN INDIA’S SPACE INDUSTRY

THE CONTEXT: Recently, Principal Scientific Advisor stated earlier this month that the government would soon come up with a new space policy that could initiate the rise of India’s own “SpaceX-like ventures”.

THE EXPLANATION:

• He also stated that the proposed move would increase private sector participation in the industry. Consultations have already been held and the final version of the policy would soon be referred to the Empowered Technology Group for further examination.
• According to him, India has not tapped into its complete potential in this sector. “In 2022, the space sector is witnessing what the information technology sector experienced in the 1990s. We will have our own SpaceX (SpaceX is Elon Musk’s private space transportation company) in the next two years”.

Why is development in the space sector important?

• Enhancing space technology would be beneficial to bolster connectivity and combat climate-related implications through a more secure and effective means.
• Satellites provide more accurate information on weather forecasts and assess (and record) long-term trends in the climate and habitability of a region. For example, by monitoring the long-term impact of climate change at regional, territorial, and national scales, governments would be able to devise more pragmatic and combative plans of action for farmers and dependent industries.
• Additionally, they can also serve as real-time monitoring and early-warning solutions against natural disasters such as earthquakes, tsunamis, floods, wildfires, mining etc. Real-time tracking can also serve multiple purposes in defence.
• As for connectivity, satellite communication can reach more remote areas where conventional networks would require a heavy complimenting infrastructure.
• Additionally, as to reliability, the World Economic Forum had stated (in September 2020) that satellite communication can help connect 49% of the world’s unconnected population. In this light, it must be noted that satellite communications, which are used to facilitate telecommunication services, are among the major categories for investment in the space technology sector. Other prominent categories include spacecraft and equipment manufacturing.

Where does India stand in the global space market?

• As per SpaceTech Analytics, India is the sixth-largest player in the industry internationally having 6% of the world’s space-tech companies (as of 2021). U.S. holds the leader’s spot housing 56.4% of all companies in the space-tech ecosystem. Other major players include U.K. (6.5%), Canada (5.3%), China (4.7%) and Germany (4.1%).
• The Indian Space Industry was valued at $7 billion in 2019 and aspires to grow to $50 billion by 2024. The country’s standout feature is its cost-effectiveness. India holds the distinction of being the first country to have reached the Mars’ orbit in its first attempt and at $75 million — way cheaper than Western standards.
• India’s total budgetary allocation for FY 2022-23 towards the Department of Space was ₹13,700 crore. Further, as per Tracxn data, funding into the sector’s start-ups (in India) nearly tripled to $67.2 million on a year-over-year basis in 2021.

How is the private sector’s involvement regulated in India?

• In June 2020, the Union government announced reforms in the space sector enabling more private players to provide end-to-end services.
• An announcement for the establishment of the Indian National Space Promotion and Authorisation Centre (IN-SPACe) was made. It was mandated the task of promoting, authorising and licensing private players to carry out space activities. As an oversight and regulatory body, it is responsible for devising mechanisms to offer sharing of technology, expertise, and facilities free of cost (if feasible) to promote non-government private entities (NGPEs).
• Additionally, constituted in March 2019, NewSpace India Ltd (NSIL), is mandated to transfer the matured technologies developed by the ISRO to Indian industries. All of them are under the purview of the Ministry of Defence.
• Private sector’s involvement in the long term, as with other commercial sectors, is believed to help spur investment and expertise in the realm which is capital-intensive and demands high technology.

 THE GOVERNMENT SCHEMES AND INITIATIVES IN NEWS

6.VOCAL FOR LOCAL IN FOOD PROCESSING SECTOR

THE CONTEXT: As part of Atmanirbhar Bharat Abhiyan – Vocal for Local Initiative in food processing sector, Ministry of Food Processing Industries (MoFPI) is implementing a centrally sponsored “PM Formalisation of Micro food processing Enterprises (PMFME) Scheme” for providing financial, technical and business support for setting up / upgradation of micro food processing enterprises in the country.

THE EXPLANATION:

• The scheme is operational for a period of five years from 2020-21 to 2024-25 with an outlay of Rs. 10,000 Crore. Scheme primarily adopts One District One Product (ODOP) approach to reap the benefit of scale in terms of procurement of inputs, availing common services and marketing of products. It provides the framework for value chain development and alignment of support infrastructure.
• As per the Annual Survey of Industries, 2015-16 and 73rd Round Survey of National Sample Survey Organisation (NSSO), there are about 25 lakh unregistered/ unincorporated food processing enterprises in the country. The details of State-wise number of unregistered/unincorporated enterprises in the country are at Annexure-I.

ABOUT THE SCHEME:

The PMFME scheme is designed to address the challenges faced by the micro enterprises and to tap the potential of groups and cooperatives in supporting the upgradation and formalization of these enterprises. The scheme aims to enhance the competitiveness of new and existing individual micro-enterprises in the unorganized segment of the food processing industry and promote formalization of the sector.

The details of assistance available to Micro Food Processing Enterprises under PMFME Scheme:

1. Support to Individual / Group Category Micro Enterprises: Credit-linked capital subsidy @35% of the eligible project cost, maximum ceiling Rs.10 lakh per unit;
2. Support to SHGs for seed capital: Seed capital @ Rs. 40,000/- per member of SHG engaged in food processing for working capital and purchase of small tools subject to maximum of Rs. 4 lakh per SHG Federation.
3. Support for Common Infrastructure: Credit linked capital subsidy @35% subject to maximum of Rs. 3 crore to support FPOs, SHGs, Cooperatives and any Government agency for setting up of common infrastructure. The common infrastructure will also be available for other units and public to utilize on hiring basis for substantial part of the capacity.
4. Branding and Marketing Support: Grant upto 50% for Branding and Marketing to groups of FPOs/ SHGs/ Cooperatives or an SPV of micro food processing enterprises.
5. Capacity Building: The scheme envisages training for Entrepreneurship Development Skilling (EDP+): program modified to meet the requirement of food processing industry and product specific skilling.
6. Capacity building and training is a critical component of the scheme in technical upgradation and formalization of micro food processing enterprises. The focus areas for capacity building are entrepreneurship development, compliance of Food Safety and Standards Authority of India (FSSAI) standards and general hygiene and other statutory compliances. District Resource Persons (DRPs) have been entrusted to provide handholding support to micro food processing enterprises for the compliance of FSSAI and other statutory requirements.

VALUE ADDITION:

DIFFERENCE BETWEEN CENTRALLY SPONSORED SCHEMES AND CENTRAL SECTOR SCHEMES

1. India’s Population Prospects: Demographic constraints will continue to weigh down on growth and development. READ MORE
2. Hope for Hungry READ MORE

1. How to curb AI-driven human rights risks READ MORE
2. FLUX AND CONSTANCY OF HUMAN NATURE READ MORE
3. Trial by media: Justice Ramana’s concerns are valid READ MORE

1. Backsliding on climate action: Western nations have started reinterpreting the Paris deal and look to downgrade their commitments READ MORE
2. India new home for the cheetah READ MORE
3. Freshwater plunge~II READ MORE
4. Mangroves are unique, extraordinary and under threat. ‘Floating plantation’ can save them READ MORE

1. Reform bail law, but make the right diagnosis first: Any reimagination of the law needs to examine the exact nature of what is causing large-scale undertrial incarceration READ MORE
2. Democratise Radio News in India READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. SC collegium recommends 35 names for appointment as judges in six HCs READ MORE
2. A year on, only four States adopt Model Tenancy Law READ MORE
3. Direct tax collection rises by 41% to ₹3.54 lakh cr. in Q1 FY23 READ MORE
4. Droupadi Murmu takes oath as 15th President of India READ MORE
5. Telling Numbers: Toll of human-animal conflict on tigers, elephants and people READ MORE
6. Explained: India’s plan to bring cheetahs from Africa to Madhya Pradesh READ MORE
7. Study sheds light on prey-predator relationship in Himachal READ MORE

Main Exam

GS Paper- 1

1. India’s Population Prospects: Demographic constraints will continue to weigh down on growth and development. READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Reform bail law, but make the right diagnosis first: Any reimagination of the law needs to examine the exact nature of what is causing large-scale undertrial incarceration READ MORE
2. Democratise Radio News in India READ MORE

SOCIAL ISSUES

1. Hope for Hungry READ MORE

INTERNATIONAL ISSUES

1. A global order caught up in a swirl of chaos: The Ukraine-Russia conflict is only one of the many strands altering the contours of world governance READ MORE
2. Russia is Gaining an Indo-Pacific Foothold Through Myanmar READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. What a Potential US Recession Will Mean for the Indian Economy READ MORE
2. Resist Neo-liberal Offensive of New Labour Codes READ MORE
3. The sinking rupee and its fallout READ MORE

ENVIRONMENT AND ECOLOGY

1. Backsliding on climate action: Western nations have started reinterpreting the Paris deal and look to downgrade their commitments READ MORE
2. India new home for the cheetah READ MORE
3. Freshwater plunge~II READ MORE
4. Mangroves are unique, extraordinary and under threat. ‘Floating plantation’ can save them READ MORE

SECURITY

1. Theatre of reform: India needs joint commands & it needs a CDS. The two are linked, & both are much-delayed READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. How to curb AI-driven human rights risks READ MORE
2. FLUX AND CONSTANCY OF HUMAN NATURE READ MORE
3. Trial by media: Justice Ramana’s concerns are valid READ MORE

Questions for the MAIN exam

1. ‘Population growth has both opportunities and challenges for Indian policy makers’. Comment on the statement and suggest how India can avoid those challenges and cash opportunities?
2. ‘Businesses must make AI and its actions more transparent, and ensure adequate human intervention and oversight’. In the light of this statement discuss why there is need to curb AI-driven human rights risks?

QUOTATIONS AND CAPTIONS

• Some of the brightest minds in the country can be found on the last benches of the classroom.
• The government’s control over the program content on radio is a major obstacle to achieving an independent media ecosystem.
• The digital revolution is a reality, resulting in umpteen online media platforms. The free flow of information is considered one of the characteristics of the internet age.
• Using colonial laws to run media in modern democracy is a severe concern.
• The slowdown and decline in population growth over the century will be a major gain for India but the huge population density and the ageing population will weigh down development efforts.
• The NHRC accreditation is a serious process and only if it becomes more effective, more trust will be built in these NHRIs by Indian civil society.
• AFSPA is a child of Parliament and the parent of violence aimed at enabling the armed forces to protect India from its enemies.
• The comity of nations must now hope that hunger and starvation will eventually be addressed amidst the clash of shields and wartime rhetoric.
• A responsible, independent media is an indispensable tool of democracy that makes elected representatives and public servants accountable.
• Businesses must make AI and its actions more transparent, and ensure adequate human intervention and oversight.
• Related to the eradicated smallpox virus, monkeypox is suspected to have amplified due to reduced immunity against the smallpox virus.
• The power to grant bail is largely based on the court’s discretion and depends on the facts of each case. The Supreme Court has time and again laid down principles for guiding the exercise of such discretion by courts in deciding bail applications.
• There is an urgent need for bail reform but it would be counterproductive to undertake a reform exercise without first developing the empirical basis to understand and diagnose the problem at hand.

ESSAY TOPIC

• The trust between the government and its people is the core of modern democracy.
• Democracy is government by discussion.

50 WORD TALK

• The right to be forgotten, also known as the right to erasure, was established in the European Union in 2014. In India, the Personal Data Protection Bill provides for a mechanism to implement this concept, though it is by no means an absolute right. Such a law will go a long way in addressing genuine cases, but only with sound evaluation guidelines in place.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

[WpProQuiz 296]

THE CONTEXT: In a significant step backwards for women’s rights in the US,the Supreme Court overturned the landmark Roe v. Wade judgement of 1973, which gave women in America the right to have an abortion before the foetus is viable outside the womb or before the 24–28-week mark.Abortion rights, which have been available to women for over two generations — will now be determined by individual States. In this write up we will analyze in detail the implications of the USA court ruling and the issue of abortion in the 21^st century.

WHAT IS ROE V. WADE JUDGEMENT?

• The case is sometimes referred to simply as “Roe”, the listed name of the 22-year-old plaintiff, Norma McCorvey. Wade was the State of Texas District Attorney where this case was filed in 1969.
• Roe struck down laws that made abortion illegal in several states, and ruled that abortion would be allowed up to the point of foetal viability, that is, the time after which a foetus can survive outside the womb.
• Foetal viability was around 28 weeks (7 months) at the time of the Roe judgment; experts now agree that advances in medicine have brought the threshold down to 23 or 24 weeks (6 months or a little less), and newer studies show this could be further pegged at 22 weeks. An average pregnancy lasts about 40 weeks.
• Abortion laws across the world rely on this metric but those opposing abortions argue that this is an arbitrary timeframe that legislation and the court in Roe adopted.

Foetal viability: It is often seen as the point at which the rights of the woman can be separated from the rights of the unborn foetus. The length of a pregnancy is commonly calculated from the start of a person’s most recent menstrual period. Since many people identify pregnancy only after the sixth week, pre-viability timelines leave women with very little time and opportunity to make a decision to abort.

MISSISSIPPI LAW ON ABORTION

The Mississippi law makes most abortions illegal after 15 weeks of pregnancy, about two months earlier than Roe and later decisions allow. Most experts estimate fetal viability to be about 24 weeks. The law was enacted in 2018 by the Republican-dominated Mississippi Legislature but never went into effect because of an immediate legal challenge that led to a federal appellate court blocking its enforcement. The law bans abortions if “the probable gestational age of the unborn human” is determined to be more than 15 weeks, with narrow exceptions for medical emergencies or “a severe fetal abnormality.”

WHAT IS THE DEBATE REGARDING ABORTION?

The abortion debate is the ongoing controversy surrounding the moral, legal, and religious status of induced abortion. The sides involved in the debate are the self-described “pro-choice” and “pro-life” movements.

• Pro-choice emphasizes the woman’s choice of whether to terminate a pregnancy.
• The pro-life position stresses the humanity of both the mother and foetus, arguing that a fetus is a human person deserving of legal protection.

Ethical questions raised

(1) The primary questions:

The moral debate about abortion deals with two separate questions:

• Is abortion morally wrong?
• Should abortion be legal or illegal?

(2) The secondary questions:

But those two questions don’t end the debate.If we conclude that abortion is not morally wrong, that doesn’t mean that it’s right to have an abortion; We need to ask whether having an abortion is the best thing (or least bad thing) to do in each particular case. If we conclude that abortion is morally wrong, that doesn’t mean that it’s always impermissible to have an abortion; we need to ask whether having an abortion is less wrong than the alternatives.

IMPACT OF THE JUDGEMENT?

• Regardless of what happens in the US, reproductive rights in other nations have always been insecure. It is a constant battle to increase and maintain abortion access due to the power of those who are opposed. This will continue even without the influence of the US.
• The fall of Roe is a significant boost to the global anti-abortion movement. It will encourage this movement to pursue additional routes to power and influence in other nations and pan-national organizations.

ABORTION LAWS IN OTHER COUNTRIES

In approximately 16 countries around the world, abortion is entirely prohibited and even criminalized. But several Catholic majority nations, such as Ireland and Mexico have decriminalized abortion in the last decade.

• France, the UK, Austria, Ethiopia, Italy, Spain, Iceland, Finland, Sweden, Norway, Switzerland and even Nepal allow for termination beyond 20 weeks on the diagnosis of foetal abnormalities.
• Some countries go beyond even these limits with laws in 23 countries-Canada, Germany, Vietnam, Denmark, Ghana, and Zambia-allowing for abortion at any time during the pregnancy at the request of the mother.
• In UK, abortions are allowed at up to 24 weeks, with abortion guidelines formulated by the Royal College of Obstetricians and Gynaecologists including procedures for termination of pregnancies older than 20 weeks. It also states that, in pregnancy older than 21 weeks and 6 days, an injection to cause foetal death is given before the foetus is evacuated.

ABORTION LAWS IN INDIA 

The nature of Indian Laws on Abortion (i.e Focused on Abortion or Population control):

The history of abortion rights in India is traced back to the Medical Termination of Pregnancy Act of 1971 (MTPA). It is often regarded as a landmark moment in India’s social legislation, opening the doors, as many would say, to social reform. The passage of the MTPA as early as the 1970s is frequently pitted against the West, wherein abortion rights continue to remain a debated issue. The politics surrounding the Act shows that it was less a product of the women’s movement in India and more of a means to control the expanding population of the country. The Act’s wording and the arguments made in its favour remains heavily criticized by Indian feminists.

Is Indian law based on the Pro-choice or Pro-life Approach?

• Abortion was a criminal offence according to Section 312 of the Indian Penal Code (IPC), 1860, carried on from the British legacy. It only allowed abortion in extreme emergency cases where the woman’s life was endangered.
• Voluntary abortion puts a woman in jail for three years. This changed in the 1960s when the government set up a committee led by Shantilal Shah 1964 to suggest changes in the abortion law of India. In 1971, upon the recommendations of the Shah Committee, the Parliament passed the Medical Termination of Pregnancy Act (MTP). It did legalize abortion, but with many conditions such as the pregnancy being a danger to life, when risk is involved in the birth of the child when pregnancy results from rape or depending upon the socio-economic context of the family. However, unmarried women could not abort their pregnancies if none of the criteria was met.
• In the MTP Amendment Act of 2021, one of the biggest changes was the inclusion of all women, whether married or unmarried and the increase in the limit of terminating pregnancies from 12 weeks to 20 weeks with advice from doctors and special categories where women could abort up to the 24th week.
• The pro-choice stance which has evolved in India shows a changing attitude towards women and their bodies. Most developed countries have legalized abortion, whereas a number of developing nations either have restrictive laws or completely banned abortion. India has become a beacon of progressive, liberal ideas among rising countries when developed countries like the US are regressing.

How did abortion laws come about in India?

• In the 1960s, in the wake of a high number of induced abortions taking place, the Union government ordered the constitution of the Shantilal Shah Committee to deliberate on the legalization of abortion in the country.
• In order to reduce maternal mortality owing to unsafe abortions, the Medical Termination of Pregnancy (MTP) Act was brought into force in 1971. This law is an exception to the Indian Penal Code (IPC) provisions of 312 and 313 and sets out the rules of how and when a medical abortion can be carried out.
• Under Section 312 of the IPC, a person who “voluntarily causes a woman with child to miscarry” is liable for punishment, attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
• This section effectively makes unconditional abortion illegal in India. Section 313 of the IPC states that a person who causes the miscarriage without the consent of the pregnant woman, whether or not she is in the advanced stages of her pregnancy, shall be punished with life imprisonment or a jail term that could extend to 10 years, as well as a fine.

How has the MTP Act evolved from 1971 to 2021?

• The latest amendment to the MTP Act was made in 2021. Before that, new rules were introduced in 2003 to allow the use of the newly discovered abortion medicine misoprostol to medically terminate a pregnancy up to seven weeks into it. Broader amendments to the original Act were introduced in 2020 and the amended Act came into force in September 2021.
• Under the Medical Termination of Pregnancy (Amendment) Act, 2021, abortion is permitted after medical opinion under stipulated circumstances. The 2021 Act increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from 20 weeks permitted in the 1971 Act. But this renewed upper limit can only be exercised in specific cases. Gestational age, calculated in weeks, is the medical term to describe how far along the pregnancy is and is measured from the first day of the woman’s last menstruation or period.

THE MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021

Under the 2021 Act, medical termination of pregnancy is permitted if it is backed by medical opinion and is being sought for at least one of the following reasons —

• If the continuation of the pregnancy would involve a risk to the life of the pregnant woman
• If its continuation would result in grave injury to the woman’s physical or mental health (if the pregnancy is a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent pregnancy, the anguish caused by its continuation would be considered to be a grave injury to the mental health of the pregnant woman)
• In the case of a substantial risk that if the child was born, it would suffer from a serious physical or mental abnormality

The pregnancy can be terminated up to 24 weeks of gestational age after the opinion of two registered medical practitioners under these conditions —

• If the woman is ​​either a survivor of sexual assault or rape or incest
• If she is a minor
• If her marital status has changed during the ongoing pregnancy (i.e. either widowhood or divorce)
• If she has major physical disabilities or is mentally ill
• On the grounds of foetal malformation incompatible with life or if the child is born, it would be seriously handicapped
• If the woman is in humanitarian setting or disaster, or emergency situation as declared by the government
• Besides, if the pregnancy has to be terminated beyond the 24-week gestational age, it can only be done on the grounds of foetal abnormalities if a four-member Medical Board, as set up in each State under the Act, gives permission to do so.
• The law, notwithstanding any of the above conditions, also provides that where it is immediately necessary to save the life of the pregnant woman, abortion can be carried out at any time by a single registered medical practitioner.
• Under the 2021 Act, Unmarried women can also access abortion under the above-mentioned conditions because it does not mention the requirement of spousal consent. If the woman is a minor, however, the consent of a guardian is required.

 IS TERMINATING A PREGNANCY A CRIMINAL OFFENCE IN INDIA?

• Voluntarily terminating a pregnancy is a criminal offence under the Indian Penal Code, 1860 (IPC). The Medical Termination of Pregnancy Act of 1971 authorizes medical doctors (with specific specialization) to abort a pregnancy on certain grounds. Pregnancy can be terminated at any time up to 12 weeks if one doctor agrees and up to 20 weeks if two doctors agree. Only where the pregnancy’s continuation will endanger the pregnant woman’s life, cause grave harm to her mental or physical health (including rape and refusal to utilize birth control), or result in foetal abnormalities is it permissible to terminate the pregnancy. Termination is also permitted at any time during the pregnancy if it is necessary to save the life of the woman concerned.
• MTPA 2021 alters the MTPA 1971 to raise the upper limit for abortion from 20 to 24 weeks for certain types of women, removes the limit in cases of significant foetal abnormalities, and establishes state-level Medical Boards. According to Bill’s Statement of Objects and Reasons, multiple cases have been brought in the Supreme Court and different High Courts requesting authorization to terminate pregnancies at stages beyond the Act’s 20-week restriction based on foetal abnormalities or pregnancies in cases of rape. It also adds that as medical technology advances, the maximum limit for terminating pregnancies may be raised, particularly for vulnerable women.

ISSUES IN THE PRESENT LAW

• The MTP Act, first enacted in 1971 and then amended in 2021, certainly makes ‘medical termination of pregnancy’ legal in India under specific conditions. However, this Act is framed from a legal standpoint to primarily protect medical practitioners because under the Indian Penal Code, “induced miscarriage” is a criminal offence.
• This premise points to a lack of choice and bodily autonomy of women and rests the decision of abortion solely on the doctor’s opinion. The MTP Act also only mentions ‘pregnant woman’, thus failing to recognize that transgender persons and others who do not identify as women can become pregnant.
• As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions. Statistics put the annual number of unsafe and illegal abortions performed in India at 8,00,000, many of them resulting in maternal mortality.
• The acceptance of abortion in Indian society is situated in the context of population control and family planning. But, most importantly, after more than 50 years of the MTP Act, women and transgender persons face major obstacles in accessing safe abortion care.

These are seven examples:

1. They may not even be aware that abortion is legal or know where to obtain one safely;
2. Since the MTP Act does not recognize abortion as a choice, they need the approval of medical professionals even in the first few weeks of the pregnancy;
3. Unmarried and transgender people continue to face stigma and can be turned away from health facilities, forcing them to resort to unsafe care;
4. Fourth, mandatory reporting requirements under the Protection of Children from Sexual Offences Bill (POCSO), 2011 law against child sexual offences, impact privacy and hinder access of adolescents to safe abortion services;
5. Many are still coerced into agreeing to a permanent or long-term contraceptive method as a prerequisite for getting abortion services;
6. Health-care providers may impose their own morality by insisting on ‘husbands’ or ‘parental’ consent for abortion. Even women seeking abortion care in health facilities are often mistreated and not provided medications for pain relief;
7. Despite laws prohibiting sex determination, the illegal practice persists. The mushrooming of unregulated ultrasound clinics in India continues to facilitate the illegal practice of sex determination, resulting in unsafe abortions and female foeticide.

JUDICIAL INTERVENTIONS IN CASES OF ABORTIONS

• In the landmark 2017 Right to Privacy judgement in the Justice K.S. Puttaswamy v. Union of India and others, the Supreme Court had held that the decision by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life and personal liberty under Article 21 of the Constitution.
• Several women annually approach the apex court and High Courts when medical boards reject their application to access MTP beyond the gestational upper limit (now 24 weeks), seeking permission to abort a pregnancy, mostly in cases where it is a result of sexual assault or when there is a foetal abnormality.

WHAT ARE THE CRITICISMS AGAINST THE ABORTION LAW IN INDIA?

• According to a 2018 study in the Lancet, 15.6 million abortions were accessed every year in India as of 2015. The MTP Act requires abortion to be performed only by doctors with specialization in gynaecology or obstetrics. However, the Ministry of Health and Family Welfare’s 2019-20 report on Rural Health Statistics indicates that there is a 70% shortage of obstetrician-gynaecologists in rural India.
• As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions. Statistics put the annual number of unsafe and illegal abortions performed in India at 8,00,000, many of them resulting in maternal mortality.

THE WAY FORWARD

• Rolling back the right to abortion is like rolling back modernity. Without legally accessible and medically safe abortions, women would be in greater danger and have much harder lives. It pushes women into an unsafe dark zone if faced with an unwanted pregnancy where forced motherhood could alter the very trajectory of their life.
• In Justice K.S. Puttaswamy (Retd.) vs. the Union Of India And Others (2017), the court recognized the constitutional right of women to make reproductive choices as a part of personal liberty under Article 21 of the Indian Constitution, which, despite laying a robust jurisprudence on reproductive rights and the privacy of a woman, does not translate into a fundamental shift in power from the doctor to the woman seeking an abortion.
• The government needs to ensure that all norms and standardized protocols in clinical practice to facilitate abortions are followed in health care institutions across the country.
• Along with that, the question of abortion needs to be decided on the basis of human rights, the principles of solid science, and in step with advancements in technology.

THE CONCLUSION: There is an urgent need in our country to shift the discourse on abortions from just being a family planning and maternal health issue to one of sexual health and reproductive rights issue. The situation in India shows that one law alone is insufficient and we must raise the bar on reproductive justice. We must improve our health systems to ensure good quality and respectful abortion care. As the focus on abortion rights in the US rages, we call upon all to self-reflect and to stand in solidarity with people in the US and other places where reproductive rights are in jeopardy. Reproductive injustice anywhere is a threat to the lives of people everywhere.

QUESTION FOR MAINS EXAMINATION:

1. Critically analyze the Medical Termination of Pregnancy(MTP) (Amendment) Act, 2021.
2. In the light of the recent judgement of the USA Supreme Court on abortion. Discuss the pro-life and pro-choice angles on abortion.