PARLIAMENT SPECIAL
1) Surrogacy(Regulation)Bill,2016, Approved by the Cabinet:
The Union Cabinet gave its approval for the introduction of Surrogacy(Regulation)Bill, 2016 in the parliament.It puts a complete ban on commercial surrogacy in India. It allows ethical altruistic surrogacy to the needy infertile couple.
Key Provisions of the Draft Bill:
1)Childless legally wedded indian couple married for atleast 5 years can have kids through surrogacy.
2)A married woman who is a close relative of the couple & has atleast one child of her own can be a surrogate mother only once in her lifetime.
2)A married woman who is a close relative of the couple & has atleast one child of her own can be a surrogate mother only once in her lifetime.
3)Couples who have adopted or biological children have been barred.
4)Homosexual couples ,people in live-in relationships,single individuals, foreigners, NRI's & PIO's holding OCI (overseas citizens of india) have also been barred.
5)Surrogacy clinics to be registred & have to maintain records for 25 years.
6) National and state surrogacy boards will be set up as regulating bodies.
The bill aims to ensure that parentage of child born is legal and transparent.It will put a complete ban on commercial surrogacy including sale & purchase of human embryo and gametes(India became the first country to legalise it in 2002). The violations will be punishable by jail term of atleast 10 years and a fine of upto Rs.10 lakh.The bill will apply to the whole of India, except Jammu & Kashmir.
The Supreme Court has held that all tribunals are not necessary parties in Special Civil Applications under articles 226 and 227 of the Constitution. They are not required to defend its orders when they are challenged before the High Court.It was held in the case M.S.KAZI VS. MUSLIM EDUCATION SOCIETY. There was no necessity of impleading the tribunal as a party to the proceedings.
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