March 22, 2021

Rajya Sabha passes Medical Termination of Pregnancy Bill, allowing abortions up to 24 weeks

Rights: The Rajya Sabha has passed the Medical Termination of Pregnancy (Amendment) Bill, 2020 which increases the time period within which an abortion may be carried out. The Bill was passed in March last year in the Lok Sabha.

Prior to the Bill, an abortion required the opinion of one doctor if conducted within 12 weeks of conception, and two doctors if undertaken between 12 and 20 weeks. Now, the Bill allows an abortion to be done on the advice of one doctor if the pregnancy is less than 20 weeks, and two doctors if it is between 20 and 24 weeks.

However, opposition members in parliament have pointed out that the Bill still does not give women the complete freedom to decide, since they will need a nod from the state-level medical board in the case of pregnancies beyond 24 weeks.

According to Health Minister Harsh Vardhan, the amendments in the Bill had been made after studying global practices and consulting experts within the country. These amendments were also explored due to the rising number of pleas in court. There are 23 petitions in front of the Supreme Court and hundreds more in the various high courts. The original Bill was framed in 1971.

According to Shiv Sena leader Priyanka Chaturvedi, the Bill isn’t based on a right-based approach. “To make such a woman run to the medical board is demeaning to her, [and an] invasion of privacy and choice. It creates more bureaucratic hurdles. You are not allowing the woman to make the choice. Why does she need to take the permission of a medical board?” she asked.

Opposition members also pointed out that the Bill doesn’t factor in the realities of rural India. “The shortage of specialist doctors is a reality, particularly in rural areas. Getting an opinion from two doctors for medical termination of pregnancy for the gestation period of 20-24 weeks is just not practically possible,” said Nationalist Congress Party’s Fauzia Khan.

The opposition’s demand to send the Bill to a parliamentary select committee for detailed scrutiny was defeated by a voice vote.

Read this article which explains the need to put women at the centre of India’s population control approach.


May 20, 2021

Home Ministry extends validity period of FCRA registration certificates

Fundraising & Communications: The Ministry of Home Affairs (MHA) has issued a circular extending the validity of FCRA registration certificates to September 30th, 2021. This applies to all FCRA licences that have expired or will expire between September 29th, 2020 and May 31st, 2021. The decision to extend the deadline has been driven by the exigencies arising from the COVID-19 situation.

FCRA refers to the Foreign Contribution (Regulation) Act 2010, which permits charitable organisations based in India to raise funds from foreign sources.

The order also clarified that nonprofits that have already opened an account and have the requisite permission to receive foreign aid, can henceforth receive it only in these newly-opened accounts.

The FCRA law was amended in September 2020 to include a clause that mandated that all nonprofits receiving foreign aid must necessarily open an account in State Bank of India’s New Delhi Main Branch. The government had initially set the deadline for this account opening as March 31st, 2021; it later extended it to June 30th, 2021 after several nonprofits argued in court that there had been delays because necessary approvals from MHA had not been received.

Several organisations have not been able to receive foreign funds during the crisis caused by the second wave, and this has impacted their COVID-19 relief efforts. Relaxing the foreign funding rules could significantly help organisations ramp up their operations to help individuals, supply critical healthcare equipment, and respond to communities in rural areas.

Read this article to know how amending the FCRA can have unforeseen implications.


May 20, 2021

Corporate spending on oxygen support and medical equipment now counts as CSR

Philanthropy & CSR: The Ministry of Corporate Affairs (MCA) has issued a circular that allows corporate spending on health infrastructure for COVID-19 care to qualify as corporate social responsibility (CSR) expenditure.

This includes setting up medical oxygen generation and storage plants, manufacturing and supply of oxygen concentrators, ventilators, cylinders, and other medical equipment to counter COVID-19.  

The announcement comes at a time when all efforts are being directed towards expediting efforts to support the country’s healthcare infrastructure.

According to the circular, companies can now undertake projects and activities in collaboration with other companies using CSR funds. Additionally, they can contribute to specified research and development projects, as well as publicly funded universities and certain organisations that conduct research in science, technology, engineering, and medicine.

The government had earlier clarified that setting up makeshift hospitals and temporary COVID-19 care facilities would also be considered a CSR activity. Rajesh Verma, the Corporate Affairs Secretary, has requested businesses to consider converting vacant office buildings into COVID-19 facilities to cater to the rapidly increasing caseload.

Read this article to understand why media attention on COVID-19 deaths due to lack of oxygen in big cities has skewed donor priorities.