 bill no 175  of 2016 the compulsory pre-marriage medical investigation  bill, 2016 by dr kirit premjibhai solanki, mp a billto make medical investigation of intending couples compulsory before marriage so as to diagnose, manage and monitor diseases in individuals and to prevent further spreading of diseases in children born to such couplesbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencementdefinitions2  in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state, and in all other cases, the central government;5(b) "medical investigation" means a medical procedure or test performed to detect, diagnose or monitor diseases, disease processes or susceptibility to diseases and to determine a course of treatment; and(c) "prescribed" means prescribed by rules made under this act3 (1) every male and female shall, before marriage, undergo such medical investigations, as the central government may, by notification in the official gazette, specifymedical investigations of male and female10(2) without prejudice to the generality of the foregoing provision, the medicalinvestigations referred to in sub-section (1), shall include—(a) test for hiv and other stds; (b) test for blood group to rule out incompatibility of blood group or  rhesus isoimmunization;(c) test for sickle cell genes; and15(d) test of fertility4 (1) the central government shall, in consultation with the medical council of india, within six months of the coming into force of this act, formulate medical investigation policy prescribing norms to be followedformulation of medical investigation policy20(2) the central government shall issue guidelines and directions to the state governments with regard to medical investigation of intending couples before their marriage5 for the purposes of this act, the appropriate government shall— (a) provide free medical investigation facilities to individuals once in every six months in state run hospitals; andappropriate government to provide free medical investigation facilities25(b) ensure that medical investigation facilities are also provided to individuals inprivate hospitals at such concessional rates as may be prescribed6 (1) every person shall maintain his health data report in such manner, as may be prescribedmaintenance of health data report30(2) it shall be the duty of every person to disclose, before marriage, his health datareport, to the other party to the marriage7  the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the state governments for carrying out the purposes of this actcentral government to provide requisite funds penalty358  whoever contravenes the provisions of this act, shall be punished with imprisonmentfor a term  which may extend upto six months and with fine which may extend upto rupees ten thousandpower to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the  validity of anything previously done under that rule statement of objects and reasonsat present, diabetic population of india is estimated to be around 62 million besides, india has 21 million people living with hiv also, there are about 2 million registered cancer patients in india with majority of population unregistered or unaware blood pressure related issues are also on the rise a large number of cases are either not detected or remain underdiagnosed moreover, deaths due to various illnesses are not registered thus making the situation more alarmingsome of these diseases are transmitted through sexual contact it is, therefore, the need of the hour to make medical investigation of every individual mandatory before marriage so that these fatal diseases are not further transmitted or passed on to the coming generationshence this billnew delhi;kirit premjibhai solankijuly 4, 2016 financial memorandumclause 5 of the bill provides that appropriate government shall provide free medical investigation facilities to individuals once in every six months in state run hospitals clause 7 provides that the central government shall provide requisite funds to the state government for carrying out the purposes of  this act the expenditure relating to states shall be borne out of the consolidated funds of the states concerned however, the expenditure relating to union territories shall be borne out for the consolidated fund of india the bill, therefore, enacted would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum  regarding  delegated  legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the  rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto make medical investigation of intending couples compulsory before marriage so as to diagnose, manage and monitor diseases in individuals, prevent further spreading of diseases in children born to such couples————(dr kirit premjibhai solanki, mp)