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Best IVF Galaxy Centre in Pune

Becoming a mother is such a heavenly feeling which just cannot be defined in words and every woman looks forward to be a mom in her life. However, out of some genetic or medical issues some are not able to live this pleasure even after long years of marriage. We at IVF Galaxy Centre, which is the best IVF Centre in Pune provide all infertility solutions to enhance chances of conception along with the emotional support and moral boost which is much needed at such times by every aspiring parent. This helps them lead a happy and positive life.

Why Galaxy IVF Hospital in Pune?

Just in an unfortunate case if you have experienced more than one miscarriages or you have been trying for a baby for more than a year/6months if the couples age is more than 35 years you must definitely seek Infertility treatment from us. We have best IVF Hospital in Pune. Our fertility specialist will take proper care that your body remain perfectly ready to handle next pregnancy by ensuring that the reproductive organs are in good shape and they don’t adorn ill effects of any surgery done, any genetic issue or any other physical condition that is a hinderance to sustain a successful pregnancy.

Usually, a set of testing options suggested at our Centre include-

·         A routine ultrasound conducted to check through the pelvic organs at our IVF Center.

·         Blood samples are tested at our Fertility Clinic in Pune to find the hormonal imbalances resulting in irregular periods or thyroid variations, measuring diabetes and also testing of infections including HIV, hepatitis etc. are done before conception.

·         An HSG X-ray with dye injection is done to track tubal patency i.e. dealing with tubal issues/blocked tubes to verify that the egg released from the ovary is successfully carried to the uterus by the fallopian tubes with no hinderances and blockages between the tubes. These tests are often sufficient to open such blockages. This process is vital because the patient menstruates normally and other functions being usual as well, so this problem remains undetected. However, we provide advanced treatments in complex cases at our IVF Center in India.

·         Pregnancy boosting laparoscopic surgeries are also conducted to enhance probability of gaining pregnancy at the Best fertility Clinic in Pune.

·         Specific sperm test and regular semen qualitative analysis, DNA fragmentation studies, semen culture etc. are also done to study their fertilization probability at our Fertility Clinic in Pune.

·         At our Infertility Centre in Pune we track fertility by keeping a close watch on the ovulation dates and thereby suggest regular intercourse according to the suitable dates which is extremely helpful in most cases.

We offer treatment options including IUI (Intra Uterine Insemination), donor IUI, IVF (In Vitro Fertilization), ICSI (Intra Cytoplasmic Sperm Injection) and endoscopy depending upon the patient’s case and condition. So, if you are planning to extend your family, come to this test tube baby center now.

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Section 377 Decriminalized

4.1. More on News

The ruling declares that Section 377 violates Articles 14, 15 and 21 insofar as it penalises any consensual sexual relationship between two adults in private, be it homosexual, heterosexual, lesbian or transgender persons.

Provisions of Section 377 remain applicable in cases of non-consensual carnal intercourse with adults, all acts of carnal intercourse with minors, and acts of bestiality.

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4.2. Background on Section 377 of IPC and related Judicial Pronouncements

Section 377 of the Indian Penal Code, 1861, (IPC) came into force in 1861 during the British rule to criminalise sexual activities “against the order of nature”, including homosexual activities.

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Two landmark judgments on sexual orientation and privacy

National Legal Services Authority (NALSA) case, 2014- In this case concerning the rights of transgender people, the court ruled that there could be no discrimination on the basis of sexual orientation and gender identity.

In Justice K.S. Puttaswamy (2017), or the ‘privacy case’, a nine-judge Bench ruled that “sexual orientation is an essential attribute of privacy”. It said that the “right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution”.

One of the first legal challenges to Section 377 came in 1994, when the NGO AIDS Bhedbhav Virodhi Andolan (ABVA) filed a petition for its repeal which was dismissed.

In July 2009, in Naz Foundation case the Delhi High Court had decriminalised homosexuality among consenting adults, holding it in violation of Article 14, 15 and 21 of the Constitution of India.

The Supreme Court in 2013 in the Suresh Kumar Koushal versus Naz Foundation case overruled the Delhi High Court’s order on the basis of the fact that “miniscule fraction of the country’s population constitute LGBTQ,” and that in over 150 years less than 200 people were prosecuted for committing offence under the section. Thus, the Supreme Court reinforced the criminalisation of homosexuality.

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4.3 News Highlight of the verdict

Sexual autonomy and Right to Privacy: A person’s sexual orientation and autonomy to choose his/her sexual partner is an important pillar and an in segregable facet of individual liberty. It is an expression of identity protected in various ways by Article 14, 15 and 21. Discrimination on the basis of sexual orientation is violation of freedom of choice and expression (Article 19).

Restrain on State Action: Expression of intimacy is at the heart of right to privacy. Right to sexual orientation is a vital personal right falling within the private protective sphere and realm of individual choice and autonomy. The state has no business to intrude into these personal matters. This also includes right of persons of the community to navigate public places on their own terms, free from state interference.

Section 377 of the IPC: Observing it as “capricious and irrational”, the court said that

Section 377 fails to make a distinction between consensual and non-consensual sexual acts between competent adults making it manifestly arbitrary. This is violative of the right to equality that includes the right against arbitrariness.

Moreover, it does not take into account that consensual sexual acts between adults in private space are neither harmful nor contagious to society.

Rule of Law instead of Rule by the law: Court observed that Section 377 provides for rule by the law instead of the rule of law. The rule of law requires a just law which facilitates equality, liberty and dignity in all its facets. Rule by the law provides legitimacy to arbitrary state behaviour. Section 377 “infringed” on the fundamental right to non-discrimination, to live a life of dignity, and privacy guaranteed in the Constitution.

Constitutional morality: It must seek to make a society pluralistic and inclusive. Any attempt to impose a homogeneous, uniform, consistent and a standardised philosophy would violate constitutional morality. It is the responsibility of all three organs of the State to curb any propensity of popular sentiment or majoritarianism.

Against Majoritarianism: While rejecting the logic in Suresh Koushal case(2013) that the LGBTQI community forms only a tiny part of the population, the SC said that Constitution is not for just the majority, the fundamental rights are guaranteed to “any person” and “any citizen”, and the sustenance of these rights does not require majoritarian sanction.

Health aspect: Homosexuality is neither mental illness nor moral depravity. The SC quoted the Indian Psychiatric Society’s view that “homosexuality is not a psychiatric disorder”, and that same-sex sexuality is a normal variant of human sexuality, much like heterosexuality and bisexuality. Moreover India’s new mental illness law does not consider homosexuality to be a mental illness.

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4.4. Analysis of the judgement

Court pronounced that LGBTQ possess full range of constitutional rights, including sexual orientation and partner choice, LGBTQ has equal citizenship and equal protection of laws. It will help in enforcing principles Current social acceptance of same-sex relationships

A study spanning 19 states by the Delhi-based Centre for the Study of Developing Societies (CSDS) in 2016 found strong views against homosexuality.

61% of the respondents disapproved of homosexual relationship. Only a fourth of the respondents approved of a homosexual relationship.

The youngest respondents (15 to 17 years of age) were more approving of same-sex relationships than people in an older demographic. of social justice, based upon the importance of diversity and human rights.

Court has added a new test of constitutional morality to examine the constitutionality of laws enacted by Parliament. The verdict enlarges the scope of personal freedom by giving preference to constitutional morality over social morality.

Transformative constitutionalism, that is, treating the Constitution “dynamic, vibrant and pragmatic”, responsive to its citizens, and not a lifeless text.

Right to Sexual Health: The verdict News Hightlight both negative and positive obligations of the state to ensure the health and well-being of LGBTQ individuals.

Negative obligations amount to the state’s non-interference with the right to health.

Positive obligations entail access to health services and treatment facilities. It asks for sensitive counsellors and health workers “to help individuals, families, workplaces and educational and other institutions” to understand sexuality and foster equality, non-discrimination and a respect of human rights.

In addition, it would help efforts at HIV/AIDs prevention which was hindered due to stigma and fear of prosecution among homosexuals and transgender persons.

The SC also emphasised that attitudes and mentality have to change to accept the distinct identity of individuals and respect them for who they are rather than compelling them to become who they are not.

The SC urged the government to broadcast this judgement and organise public awareness campaign to eliminate stigma against LGBTQ people. Government officials, police, should be given periodic sensitisation campaigns.

The SC also apologised to the India’s LGBTQ people (lesbian, gay, bisexual, transgender, queer) and their families, for the delay in providing redressal for the ignominy and ostracism they have suffered.

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4.5 Concerns yet to be addressed

Since the ruling would not be retrospective, so people convicted under Section 377 are left without any effective remedy. According to data from the National Crime Records Bureau (NCRB) between 2014 and 2016, there were 4,690 cases of persons being booked under Section 377.

Decriminalising gay sex is only the first step towards creating a more equal society. A 2016 survey by Mission for Indian Gay and Lesbian Empowerment (MINGLE) revealed one in five LGBT employees were discriminated against at the workplace. Such discrimination has economic costs too. A 2014 World Bank report said India loses $31 billion due to stigma and exclusion of the community.

Court judgments or laws cannot remove social prejudices on their own. The recent judgment on mob lynching is an example. India’s social and political groups will have to show the courage and will power to realise the judgement on ground.

Supreme Court judgment has merely decriminalised homosexuality but it has not altered the civil law/Personal laws on it. The validation of homosexual marriages, inheritance and adoption require legislation on which Parliament has to work.

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Study On Transgenders

1.1 Efforts taken to improve the situation of transgenders in India National Legal Services Authority versus Union of India: The Supreme Court of India legalized the presence of transgender people in 2014, and allowed the legal creation of a “third gender” category. o The judgement also called for affirmative action in education, primary health care, and that transgenders be identified as beneficiaries of social welfare schemes.

NHRC in its report has pointed that center and state government have failed to implement SC guidelines in NALSA judgement or bring laws to improve lives of the transgenders. There is also no clarity on OBC status of transgenders".

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1.2. Transgender Persons (Protection of Rights) Bill, 2016:

The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. In addition, the person’s gender must not match the gender assigned at birth, and includes trans-men, trans-women, persons with intersex variations and gender-queers.

It prohibits discrimination against a transgender person in areas such as education, employment, and healthcare. It directs the central and state governments to provide welfare schemes in these areas.

Offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine.

It directs Central government to constitute a National Council for Transgender headed by the Union Minister of Social Justice and Empowerment.

It provides no child who is born a transgender can be separated from his parents except on a court’s order.

Every transgender person shall have a right to reside in the house-hold where parent or immediate family members reside;

a right not to be excluded from such house-hold or any part thereof;

a right to enjoy and use the facilities of such house-hold in a nondiscriminatory manner.

The Government shall take the following measures in relation to the transgender persons, namely: a separate HIV surveillance Centres;

to provide for medical care facility including sex reassignment surgery and hormonal therapy; pre and post sex reassignment surgery and hormonal therapy counselling;

bring out a Health Manual related to sex reassignment surgery in accordance with the World Professional Association for Transgender Health guidelines;

to facilitate access to the transgender persons in the hospitals and other healthcare institutions and centres;

provision for coverage of medical expenses by a comprehensive insurance scheme for transgender persons.

Issues with the bill: The Bill states that a person recognised as ‘transgender’ would have the right to ‘self-perceived’ gender identity. However, it does not provide for the enforcement of such a right. A District Screening Committee would issue a certificate of identity to recognise transgender persons.

The Supreme Court has held that the right to self-identification of gender is part of the right to dignity and autonomy under Article 21 of the Constitution.

The definition of ‘transgender persons’ in the Bill is at variance with the definitions recognised by international bodies and experts in India.

The Bill includes terms like ‘trans-men’, ‘trans-women’, persons with ‘intersex variations’ and ‘gender-queers’ in its definition of transgender persons. However, these terms have not been defined.

Certain criminal and personal laws that are currently in force only recognise the genders of ‘man’ and ‘woman’. It is unclear how such laws would apply to transgender persons who may not identify with either of the two genders.

It does not include the creation of institutions like the national and State commissions for transgenders, as well as transgender rights courts which were part of the earlier draft bill.

Tamil Nadu is frontrunning state in taking steps for development of transgenders by providing them education, identity cards and subsidized food and free housing. In a pioneering effort to address the issues faced by transgender people, the government of Tamil Nadu established a transgender welfare board in 2008 (West Bengal, Maharashtra, Chhattisgarh and Karnataka have also established the board). Seats have been reserved in colleges and universities for the members of transgender community.

Tamil Nadu AIDS Initiative has formed a federation of 20,000 transgenders which provides various health services to its members.

Kerala government brought the ‘State Policy for Transgenders in Kerala 2015’ to provide the “right to live with dignity.” Village and district panchayats and municipalities have been tasked with finding jobs, running special training and skills programmes and welfare projects.

A Transgender Justice Board has been established to address issues of discrimination and violence against them.

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1.3. Successful Transgender persons in India

In 1998 Shabnam Mausi became first transgender to get elected to a public office.

In 2014, Grace Banu was the first transgender student to secure admission in an engineering college.

In 2015, India got its first transgender college principal when Manabi Bandhopadhyaya joined as the principle of Krishnagar Women’s College in West Bengal.

Revathi became the first transgender to write about transgender issues and gender politics in Tamil.

Padmini Prakash is the first transgender television news anchor in the country.

University Grants commission in 2014 issued a notification to facilitate the education of transgenders such as grievance cells in colleges, separate category in admission and examination forms etc.

Important steps taken by states:

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Way forward

International Practices

Countries like Denmark, Malta and Argentina have made legislations related to self-determination. Following Argentina’s lead India can choose to adopt the Yogyakarta principles- i.e. adopt a model of gender recognition that does not rely on a diagnosis by medical professionals.

In United Kingdom change in legal sex does not have an effect on marriage, security benefits/pensions and do not adversely affect parenthood or succession rights.

Following precedents set by Iran, Argentina and Brazil sexual reassignment surgery and hormone therapy should be defined as a public health right and be made freely available.

Government has taken certain measures to identify and enumerate transgender population. These measures need more streamlining and inter-ministerial cooperation is also required.

While various state governments formulated schemes for transgender communities, a National policy is an urgent need to ensure greater involvement of transgender persons in policy formulation and program development.

It is important to sensitize parents of transgender children and other members of the society with regards to the human rights of the transgender community.

Transgender children are under severe stress and low self-esteem and counselling services need to be provided to them. A component of such services could be included under the Integrated Child Protection Schemes.

Legal and the law enforcement systems need to be empowered and sensitized on the issues of Transgender community. Special Grievance Redressal Cells for their protection should be set up in all police stations.

Child Protection laws need to be strengthened to address issues faced by transgender adolescents. The abandonment of child is a punishable offence under Section 317 of IPC. The age limit of child for this offence need to be increased to 18 years as abandonment of transgender children usually takes place between 12 and 18 years.

Care homes for transgender children should be setup to prevent exploitation of vulnerable transgender children.

Legally transgender cannot enter into a marriage, have spouse and setup their own family in India. They need to be provided right to marry and right to a family along with right of sexual orientation.

Government should take steps to provide housing facilities to transgender people.

Transgender people should get equal employment opportunities and every employer should be made to declare policy statement on trans recruitments.

Local governments need to play a positive and proactive role in removal of taboos and discrimination.

All treatment and other facilities should be provided at free of cost or at subsidized rates to all transgender patients in both government and private hospitals.

School and colleges need to play a supportive and encouraging role in providing education and value-system to Transgender.

Establishment of helpline for career planning and guidance, career opportunities and online placement system must be empowered.

Liberal credit facilities and financial assistance must be ensured to start up their career as an entrepreneur or businessman.