 A very good evening aspirants, welcome to Hindu News Analysis brought to you by Shankar IAS Academy. Today's date is 7th of June 2022. The list of articles we are going to discuss today is displayed on the screen. Now let's start our discussion. Look at this news article. This news article is taken from the text and context page. It talks about Saragasy Act. Now why we are discussing it? It is because of a petition in the Delhi High Court. See, this petition was filed by a female and it questioned why there are certain criteria like marital status, age and gender etc to commission Saragasy in India. The female petitioner stated that she already had a child but the drama of her first childbirth experience as well as the need to balance work and childcare convinced her that Saragasy would be a better option for the second child. But due to the provision of the Saragasy Act, she was denied the opportunity to commission Saragasy. So this is the crux of the news article given here. In this context, let us quickly go through some of the important provisions mentioned in the news article. But before that, the syllabus relevant to this news article is highlighted here for your reference. Just go through it. First of all, what is Saragasy? See, Saragasy refers to the practice of one woman bearing and giving birth to a child for an intending couple with the intention of handing over such child to the couple after the birth. Or in simple terms, Saragasy refers to a contract in which a woman carries a pregnancy for another couple. Here you must understand Saragasy comes as an alternative when the infertile woman or couple is not able to reproduce. See, here you have to remember there are two types of Saragasy. One is gestational Saragasy and the other type is traditional Saragasy. Now we will discuss about gestational Saragasy. See, in this type of Saragasy, an embryo is created through in vitro fertilization which is IVF. Here IVF is nothing but the process in which mature eggs are collected from ovaries and fertilized by sperm in a lab. Here you might have a doubt like from whose ovaries the eggs are collected or whose sperms are used. Remember, here the egg of the surrogate mother is not used in any case. The eggs and sperm of the intented couple or donor is used for creating this embryo. This embryo which is fertilized by in vitro fertilization is implanted into the uterus of the surrogate mother who carries and delivers the baby. So here the child is not biologically related to the surrogate mother and the surrogate mother is often referred to as just a gestational carrier. See, in most cases at least one intented parent is genetically related to the child and the surrogate is not related in any case. This makes gestational Saragasy less legally complicated than other forms of surrogacy. Now coming to the second type which is traditional Saragasy. In this type, the surrogate mother is impregnated with the sperms of the intented father artificially thus making her both genetic and gestational mother. Here the surrogate mother shares a genetic link with the child. Also know that the Saragasy arrangement may be commercial or altruistic depending on whether the surrogate receives financial reward for her pregnancy. Here commercial Saragasy means commercialization of Saragasy services or procedure or its components or in simple words it can be any Saragasy arrangement in which the surrogate mother is compensated for a services beyond reimbursement of medical expenses. The alternative to commercial Saragasy is altruistic Saragasy. Here a woman volunteers to carry a pregnancy for intented parents without receiving any monetary compensation in return. Most altruistic Saragasy are between family members or close friends. For example, when a woman offers to carry a pregnancy for a sibling or a child without compensation this would be considered altruistic Saragasy. In contrast if you are working with the Saragasy professional to locate a surrogate then your Saragasy is most likely commercial. Hope you can understand the difference. Here the important takeaway point is that in India gestational Saragasy is the only type of Saragasy permitted and commercial Saragasy is banned in India. So in India if I wish to have a child through Saragasy I can legally commission Saragasy only through altruistic Saragasy that too only through gestational Saragasy. Okay and these rules do not end here. Still there are many other rules. All these rules are part of the Saragasy Act. Firstly we should know who are allowed to make use of the services of a surrogate mother. See any couple who has proved infertility can be the candidates. Here the law defines a couple as a married Indian man and woman. Okay and the intending couple as the act called them will be eligible if they have a certificate of essentiality and a certificate of eligibility issued by appropriate authority. Now what is certificate of essentiality and certificate of eligibility we will see them now. Remember the certificate of essentiality will be issued if the couple fulfills three conditions. One a certificate of infertility of one or both from a district medical board. And second an order of parentage and custody of the surrogate child passed by a magistrate court. And thirdly there should be an insurance cover for the surrogate mother. And then the couple can obtain an eligibility certificate if the couple fulfills the following three conditions. Firstly they should be Indian citizens who have been married for at least five years. And then the female must be between 23 to 50 years and the male must be between 26 to 55 years. Thirdly they should not have any surviving children. The surviving children may be biological adopted or surrogate child. However this provision would not include a child who is mentally or physically challenged or suffers from life-threatening disorder or fatal illness. Now we will see who can become a surrogate mother. As I already said only a close relative of the couple can be a surrogate mother. She should be able to provide a medical fitness certificate. Also she should have been married with a child of her own and must be between 25 and 35 years. Remember she can be a surrogate mother only once. So far we saw what is surrogacy and then we saw about the types of surrogacy and surrogacy arrangements. Now we will see why there is a need for a surrogacy act in India. See India has emerged as a hub for infertility treatment attracting people from the world with its state of technology and competitive price to treat infertility. Soon enough due to prevailing socio-economic inequalities underprivileged women found an option to rent their homes and thereby make money to take care of their expenses often to facilitate a marriage or enable their children to get an education or to provide for hospitalization or surgery for someone in the family. And once the information of the availability of such ooms got out the demand also picked up. The exploitation of these women began when unethical middlemen infiltrated the scene. Several instances began to emerge where women typically in terrible situation began lodging police complaints after failing to receive the promised sum and other issues also began to crop up. For example, in 2008 a Japanese couple began the process with a surrogate mother in Gujarat. But before the child was born the couple were split and they refused to take the child. Again in 2012 an Australian couple commissioned a surrogate mother an arbitrary which chose one of the twins that were born. Then what about the other child? So because of these reasons the government thought the time was ripe for proper regulation. So they came up with this act that is the surrogacy act. Now what are the controversies behind the act? See the law does not allow single women who have never been married to be commissioned as a surrogate mother. The act also does not allow single men or gay couples to go in for surrogacy. Secondly even after stringent measures the brokers still continue to operate which is defeating the very purpose of the act. So what can be done to address the situation? See the surrogacy regulation act 2021 came into being on 25th of December 2021. The concerns and perceived difficulties as a result of the exclusionary criteria that we have discussed have already surfaced in the short time that the act has been in operation. So a path of litigation is possibly the course ahead and the article says that if a critical mass builds up the only way to resolve the grievances and ensure assess for all categories of parents is to rely on amendments. So that is all regarding this news article. In this news article we have discussed about surrogacy. We saw what is surrogacy and the types of surrogacy which are gestational surrogacy and commercial surrogacy and we have also discussed that gestational surrogacy is the only type of surrogacy permitted in India and the commercial surrogacy is banned in India. Then we have seen who are all allowed to make use of the services of a surrogate mother and who can become a surrogate mother. Then we have seen the need for a surrogacy act in India and the controversy is behind the act. With all these learned points let us move on to next news article discussion. See this article here it says that British Prime Minister Boris Johnson will face a no-conference out. See this out can remove him from power. To remain in office Mr Johnson needs to win the backing of a majority of 359 conservative lawmakers. If he does not win the backing of a majority members the party will choose a new leader who will also become Prime Minister and this is the crux of the news article given here. In this context let us see about no-conference motion in India. First of all what is a no-conference motion? See a government can function only when it has a majority support in the Lok Sabha. This is because according to article 75 of the Indian constitution the council of ministers shall be collectively responsible to the Lok Sabha. So the party can remain in power when it shows its stand through a floor test which is primarily taken to know whether the executive enjoys the confidence of the legislature. If any member of the house feels that the government in power does not have a majority then he or she can move a no-conference motion and if the motion is accepted then the party in power has to prove its majority in the house. The member need not give any reason for moving the no-conference motion so this does not mean it can be moved by both the houses. Since the council of ministers are responsible only to Lok Sabha no-conference motion can be moved only in Lok Sabha. So it can be moved by any member of the Lok Sabha and it can be moved against the entire council of ministers only. See the rule 198 of the rules of procedure and conduct of Lok Sabha specifies the procedure for moving a no-conference motion. The member has to give a written notice of the motion which will be read out by the speaker in the house. A minimum of 50 members have to accept the motion and accordingly the speaker will announce the date for discussion of the motion. The allotted days has to be within 10 days from the day the motion is accepted otherwise the motion fails and the member who move the motion will be informed about that. Now about the application of the motion if it is passed in the Lok Sabha the council of ministers must resign from office. In other words the Lok Sabha can remove the ministry from office by passing a no-conference motion. See kindly note that conventionally the attorney general of India resigns when the government that is the council of ministers resigns or is replaced. This is because he is appointed on the advice of council of ministers with prime minister as head but this provision is not in the Indian constitution. As per the constitution he holds office during the pleasure of president. This means that he may be removed by the president at any time. So that is all regarding this news article. In this news article we saw about no-conference motion and its implication in India. With this learning let us move on to next news article discussion. Let us take up this news article for our next discussion. The news is that Tamil Nadu Merchantile Bank which is one of the oldest private sector banks in the country has received the nod and final observation from the SEBI for its proposed IPO. Let us not get deep into the matter. Instead let us utilize this opportunity to learn about SEBI. See SEBI was first established in the year 1988 as a non-statutory body for regulating the securities market and later it became an autonomous body in 1992 and it was accorded statutory powers with the passing of the SEBI Act 1992 by the Indian parliament. Know that its headquarters is situated at Mumbai and its basic functions includes to protect the interest of the investors in securities and to promote the development of securities market and to regulate the securities market. See some of the other functions of SEBI are mentioned here just go through it. Also know that credit rating agencies are regulated by SEBI. The SEBI regulations 1999 govern the credit rating agencies and provide for eligibility criteria for registration of credit rating agencies monitoring and review of ratings inspection of rating agencies by SEBI etc. Okay now moving on know that SEBI performs the triple function as a quasi legislative quasi judicial and quasi executive body because it drafts regulations in its legislative capacity it contacts investigation and enforcement action in its executive function and then it passes rulings and orders in its judicial capacity. Though these powers makes it very powerful there is also an appeal process to create accountability. Know that there is a three-member tribunal called securities appellate tribunal to hear and dispose of appeals against orders passed by the SEBI and the second appeal lies directly to the Supreme Court. In addition to this SEBI also exercises the powers conferred upon it under other acts such as securities contracts regulation act 1956, depositories act 1996 and the companies act 2013. Having discussed about the functions of SEBI now let us see the composition of SEBI. See in accordance with the SEBI act 1992 it is managed by a chairman and eight other members. Among these members two members are officers from the ministry of finance and ministry of corporate affairs. Then one member is amongst the officials of RBI and the remaining five members and the chairman are appointed by the central government. Okay so that is all regarding this news article. In this news article we saw about SEBI its basic functions and its composition. With this learnt points let us move on to next news article discussion. See this opiate article here it says that Supreme Court reasserted that sex workers and their children cannot be deprived of their right to live with dignity and human decency. And this was said by the Supreme Court while giving interim directions to the states and union territories in the case Buddha, Dev, Karmaskar was a state of West Bengal. Supreme Court also said that notwithstanding the profession every individual in this country has the right to a dignified life. And these directions of the Supreme Court are based on the recommendations made by a panel. This panel was constituted by the Supreme Court in July 2011 and it was headed by a senior advocate Pradeep Ghosh. See the panel is formed with regards to conditions conductive for sex workers who wish to continue as sex workers and to live with dignity in accordance with the provision of article 21 of the Constitution. So, this is the crux of the news article given here. In this context, let us see the directions given by the Supreme Court, the recommendations of the Ghosh panel and the reservations of the government regarding certain recommendations of the panel. These points can be very well used in your main examination. Before that the syllabus relevant to this article is highlighted here for your reference you can go through it. We already saw that the court directed the government to implement the recommendations of the panel. Apart from this the court also directed the government to implement the provisions of Immortal Traffic Prevention Act of 1956. Now what are these recommendations? See it includes providing immediate medical assistance to sex workers who are victims of sexual assault. See you should note that there is a provision available in the CRPC on providing medical assistance to sex workers who are victims of sexual assault. Okay, now the second recommendation is releasing adult sex workers detained in ITPA protective homes against their will. See according to the Act a magistrate has the power to rescue a person living or carrying on prostitution in a brothel. Once appropriate magistrate gets cognizance of the matter then the inquiry will be directed to the probation officer. If the inquiry finds that the person needs care and protection then he can be sent for detection in a protective home for 1 year to 3 years. Now the recommendation of the panel is to release the adult sex workers who are detained in this protective homes against their will. Now the next recommendation is sensitizing the police and other law enforcement agencies about the rights of the sex workers to live with dignity. This is very crucial. And then the panel recommended to the press council of India to issue guidelines to the media so that they do not reveal the identities of the sex workers while reporting an arrest, right and rescue operations. Okay, and then the panel recommended to government to ensure that legal service authorities of the central and state governments educate sex workers about their rights with regards to the legality of sex work. Now apart from this there are four other recommendations regarding which the government have certain reservations. One of the recommendations which the government expressed reservation is about preventing the police from taking any criminal action against a sex worker who is an adult and is participating with concern. See the concern here is the expression sex worker is not defined in any law or not even in ITPA. See the ITPA act defines prostitution. It means the sexual exploitation or abuse of persons for commercial purpose that is the sexual exploitation or misuse of any persons for any business purpose. Here the law empowers the enforcement agencies to take any action. But the recommendation is that sex work is not an offense if she is doing it voluntarily and she is an adult. Therefore there seems to be a confusion between the term sex work and prostitution which paves the way for misuse by the enforcement agencies. Now the government has to define sexual exploitation and abuse of persons and who is sex worker through an amendment because this amendment is needed to rule out multiple interpretations and possible misuse by the enforcement agencies. Whether the prostitution sex work are same or different has to be decided by the government. Okay now there is another recommendation in which the government has certain concerns. See since voluntary sex work is not illegal and only running a brothel is unlawful sex workers should not be arrested or victimized during any ride in the brothels. But according to ITPA brothel includes any place which is used for purpose of sexual exploitation or for the mutual gain of two or more sex workers. So there seems to be a confusion between the law and the Supreme Court recommendation. So the government needs to take a call on whether the act of two or more sex workers living together for mutual gain is to be criminalized or not. Now the third recommendation says that no child of a sex worker should be separated from the mother merely on the ground that the mother is in the sex trade. If the minor is living in a brothel or with sex workers it should not be presumed or assumed that she or he has been trafficked. Though the law does not mandate separation of the child from the mother who is a sex worker it is assumed that the child is trafficked if a child is found with any person in the brothel. Also if a child or a minor is rescued from that area the magistrate may place him or her with any child care institute recognized under the juvenile justice act. In Gaurav Jain was a union of India case a Supreme Court had held that children of sex workers not to be allowed to live in brothels. The Supreme Court said that instead reformatory house should be made accessible to them. Therefore keeping in view the child's welfare a suitable amendment should be made to accommodate Supreme Court's directions and to avoid any confusions. And finally the recommendations requires the government to involve sex workers or their representatives in the process of decision making or in the process of drafting reforms in laws relating to sex work. As the purpose of this exercise is to rehabilitate sex workers and improve their living conditions their involvement in decision making will surely make the reforms more enforceable. So the government must try to incorporate this recommendation in its policy or directives or amendments. With this we have come to the end of the discussion. In this discussion we saw about the directions given by the Supreme Court the recommendations of the GOESH panel and the reservations of the government regarding certain recommendations of the panel. These recommendations can be used to enrich your answer in the mains. With all these key learned points let's move on to next part of our news article discussion which is preliminary practice questions discussion. See today we have two questions and I will solve the first question and the second question is a quiz question for you you have to find the answer. Now look at the first question it is regarding the no confidence motion. Consider the following statements regarding no confidence motion as per the government of India no confidence motion is moved when a member feels that the government is not enjoying majority in the house. It can be moved against the entire council of ministers only. Now we have to find the correct statement here. See here the statement one is incorrect. This is because rule 198 of the rules of procedure and conduct of Lok Sabha pacifies the procedure for moving a no confidence motion. It is not mentioned in the constitution know that the constitution only says that the council of ministers are responsible to Lok Sabha. So the first statement is incorrect. Now coming to the second statement it is correct. It can be moved against the entire council of ministers only. This we already saw in a discussion right. So here the answer is option B 2 only. As I said this is a quiz question for you find the answer and post the answer in the comment section. These are the two main questions based on today's discussion. Write your answer and post it in the comment section. See as mains is fast approaching kindly write the answer it will be highly beneficial for you. Okay. If you like the video hit the like button post your comments and share the video with your friends and don't forget to subscribe Shankar IIS Academy YouTube channel. Thanks for watching.