IASbaba's Flagship Course: Integrated Learning Programme (ILP) - 2024 Read Details
TOPIC:
General Studies 1: Social empowerment
General Studies 2
In News: Union cabinet has given its nod to the Surrogacy (Regulation) Bill, 2016, paving way for the regulation of surrogacy by setting up National Surrogacy Board at the centre. The proposed legislation seeks to ensure –
National Surrogacy Board: Post its enactment by the Parliament, the National Surrogacy Board will be constituted at the central level, while the states and Union Territories will constitute the State Surrogacy Boards and State Appropriate Authorities within three months of the notification by the Central Government.
Note: It will apply to whole of India, except for Jammu and Kashmir.
Why is it important?
India has emerged a hub for infertility treatment, attracting people from the world over with its state-of-the-art technology and competitive prices initially to treat infertility.
Points of Contention:
Surrogacy will only be allowed to Indian couples, who have been married for five years or more, in case one of the partners is infertile.
Article 14 of the Constitution guarantees “equality before the law and equal protection of laws to all persons”. Article 21 guarantees “protection of life and personal liberty of all persons”. Restricting conditional surrogacy to married Indian couples and disqualifying others on the basis of nationality, marital status, sexual orientation or age, does not appear to qualify the test of equality and has no connection with the intended objectives of the proposed legislation.
The surrogate mother needs to be a close relative of the couple, who has been married and already has a child.
Doctors say the law will send surrogacy underground, and there will always be possibilities of blackmail within families. In Indian marital homes, the decision-making power rarely rests with women and not so privileged or financially weak relatives who can be coerced into becoming surrogate mothers with absolutely no bargaining power.
No payment of any sort other than medical expenses will be allowed
Pregnancy is not a one minute job but a labour of nine months with far reaching implications regarding a woman’s health, her time and her family. It should be a woman’s right to be ‘reasonably and adequately compensated’ for their reproductive labour.
Conclusion:
The pursuit of happiness is founded upon autonomy and dignity, and more so when we are talking about ‘women’.
Connecting the Dots: