Zune2-1 Flashcards
(68 cards)
What is Genetic discrimination ?
- Genetic discrimination (GD) is understood to be differential treatment of those not showing symptoms but who are nevertheless treated differently on the basis of any real or assumed genetic characteristics.
- Treated differently by their employer or insurance company because they have a gene characteristics that causes or increases the risk of an inherited disorder.
Why needs law against genetic discrimination ?
1.Discrimination in health insurance and employment against individuals based on their genetic disposition or genetic heritage, in the absence of appropriate genetic testing and laying down of intelligible differentia, is unconstitutional.
ForExample,
Denied jobs or being fired because a parent had Huntington’s disease, or the worker had a BRCA1 gene that predisposed her to breast and ovarian cancer.
2.International examples
U.S., the Genetic Information Non discrimination Act (GINA)
-Strong protection against access to genetic information and genetic discrimination in the context of health insurance and employment.
-Prohibits insurers from requesting or requiring genetic tests
-Using genetic information of family tree
-Law helps advance genetic science, which cannot conduct research without people willing to undergo testing with the promise that their genes cannot be used against them
How genetic discrimination can affect India ?
1.Health insurance is still at a nascent stage and out of pocket expenditure is high. With genetic discrimination clauses the people would lose trust in the insurance sector.
How effective are the genetic tests ?
- Geneticists are not in agreement on the usefulness of genetic tests
- Very few single-gene health problems like Huntington’s disease exist and the vast array of common diseases is related to the functioning of networks of genes in the milieu of other central cellular components.
- Popular notion of deoxyribonucleic acid (otherwise known as DNA) being the central and only player in cellular and genetic information and disease is deeply flawed.
- Genes contain DNA
What should be the nature of Law against genetic discrimination in India ?
- Indian law is a critically important development for privacy protection similar to Canada’s anti genetic discrimination law.
- Ensure fundamental rights of equality are not violated
- Strict provisions are needed against making genetic testing mandatory for health insurance and employment
Why state legislatures are not functioning well ?
- Most state legislatures do not have such permanent standing committees
- Refer Bills to ad hoc Select Committees for examination. However, it is not obligatory to refer a Bill to a Committee, before its consideration and passing. - Technical support available to parliamentary committees and state legislature committees is very limited
- Mandate of the article 174(1) of the constitution seems to have been misused by many states, which legally allows them to meet for as few as two sessions in a year
- Lack of accountability
- Legislative debates in the state assemblies are difficult to access, unlike at the Centre.
- Gujarat and West Bengal don’t have legislative debates on their assembly websites - Several state legislatures passed their budgets without extensive debate or scrutiny.
Why functioning of state legislatures is crucial ?
- Seventh Schedule of the Indian constitution lists 66 subjects under the State List, where only the state assemblies can exercise their legislative power
- Economic prerogatives
- Greater devolution of central taxes - Tasked with approving the budget
- Significant legislative reforms in some concurrent areas such as land acquisition, labor and taxation are being carried out at the state level
- 2014, Rajasthan passed amendments to three central labor laws, including the Industrial Disputes Act, 1947 and Factories Act, 1948.
What is first-past-the post system (FPTP) ?
-Elected based on the number of votes received by each candidate. The person passing other candidates in votes wins, regardless of party.
What is Proportional Representation (PR) system ?
-MPs and MLAs would be selected from a list provided by political parties, based on the proportion of votes received by each party
What are the advantages of Proportional Representation (PR) system ?
- Presence in the legislatures according to their vote share instead of being wiped out completely even after getting a sizable vote share
- 2014 elections even with the third largest vote share of 20%, one party got zero seats i.e. BSP (Do not write name) - Representatives may be elected by a minority of votes, but their party grabs the majority of seats in the legislature
- 31% of the vote but a thumping majority in Parliament i.e. BJP - Would allow for representation of minorities and smaller parties in the legislatures which are not represented adequately now.
- Bring the nation closer and will complete the total integration of India
- End to extreme regionalism and divisive caste and communal politics
What are the disadvantages of Proportional Representation ?
-Growth of smaller parties with gradual regionalisation
-Affirmative action in form of reservation for SC/STs has ensured desirable outcomes without above problem
-Geographically small areas like NE states, Goa, HP and UK due to small number of votes may not get representation in PR system
-MP or MLA not represent specific constituency to which he belongs. Chosen by list provided by parties.
-Threat to democracy
as
1. Division politics
2.Less responsive to people’s needs
3.Strengthen party bosses as to be in the list they woo bosses
-Poor governance -Since they get guaranteed representation, they would pay little interest in forming coalitions. Difficult to take bold decisions.
-PR is a recipe for instability as seen by current deadlock in Nepal which adopted PR system.
Explain German model of democracy ?
- Due to underlying problems with FPTP and PR systems, Mixed model.
- Half PR and Half FPTP
- Every Voter casts two votes - One for candidate in the Constituency and other for party
- Its parliament therefore has 299 constituencies & 598 seats.
- 299 for FPTP and 299 for PR
Why German model of democracy is suitable for India ?
-Accommodates direct elected candidates to constituencies as well as Proportional representation of political parties
What are the concerns of adopting German model of democracy for India ?
- At least 5% vote share or 3 seats among 299 led to choice of voters who voted such candidates will gets ignored.
- Adopting model means halving the constituencies (Not possible as already ratio is disproportionate) or doubling LS
How to go with German model of democracy in India ?
-Increasing strength of LS i.e. 1/3 rd of its current strength
What is the Background of Right to Dignified death in India ?
- Santhara (Jainism), Samadhi (Hinduism)
- Recent SC judgement, Legal sanction to passive Euthanasia & execution of living will of person being in chronic terminal diseases and likely to go in permanent vegetative state.
What is SC judgement related to right to dignified death ?
Passive Euthanasia recognised in Aruna Shanbaug Case, 2011
- Do Family members has right over other’s life.
- At that time, Central govt. argued with Advance directive and its misused.
- Recent SC judgement added the principle of ‘Living Will’ or Advance Directive
- Invoked Art 142 (deals with Enforcement of decrees and orders for doing complete justice in any matter ) to grant legal status to advance directives
With respect to Passive Euthanasia, What is Advance directive ?
-Person being in competitive state of mind leaves written instructions on sort of medical instructions may/may not be administered when reached Permanent Vegetative State
Write about Art 142 of Indian Constitution ?
-Inherent power of SC to issue decree or orders which will upheld until Parliament enacts legislation on the matter.
What are the differences between Active and Passive Euthanasia ?
- Passive Euthanasia involves withdrawal of life support or discontinued of medical treatment to let the person die in natural course.
- Active Euthanasia involves use of lethal substance to end life.
- SC legalized passive euthanasia but has not passed any judgement on active euthanasia.
Analyse Right to dignified death in light of recent SC judgement ?
- FR Art 21 Right to life with dignity enlisted in the constitution. SC upheld the dignity of terminally ill patient or one with permanent vegetative state with no hope of recovery. Therefore , Reducing suffering period i.e.Right to live with dignity.
- Autonomy - All adults have autonomy even to refuse medical treatment and not required any outside supervision.
- Burdening dying patient with prolong treatment with advanced medical technology would be destructive to patient dignity
- Importance to Consent as Living will
- SC accorded liberty, dignity, autonomy and privacy as it laid down procedural guidelines governing advance directive of living will
What are the implications of SC judgement with respect to Right to dignified death ?
- Living will from patient to stop medical treatment helps in removing regret or guilt for relatives, reduce their pain, expenses and prevents criminal action against doctor
- Relief financially, legally and emotionally
What are the concerns related to SC judgement with respect to Right to dignified death ?
-It must be decided by a team of domain experts otherwise in India there are chances of it being misused much more than it being used. Already Included in SC Directive.
What your view on Living will mentioned in SC judgement with respect to Right to dignified death ?
- A living will makes sense if coupled with a medical power of attorney and independent third party monitoring.