Down to Earth

Politics of the womb

- @kundanpand­ey158

Does the government has its heart in the right place on the new surrogacy bill?

Can't allow woman's body for making money ANUPRIYA PATEL , Unionminis­terofstate­forhealth andfamilyw­elfare

PEOPLE OFTEN say that surrogacy is a woman’s conscious choice. Our stand is that it is a very wrong notion of the family to use the woman’s body to make money. Is she a childprodu­cing factory? In many cases, we have found that family members coerce women into taking up surrogacy. The bill aims to ban commercial surrogacy and allow only altruistic surrogacy. In most countries, commercial surrogacy has been banned, and a consciousn­ess has been created. Nobody wants to promote this idea, so why should India lag behind? It is a menace.

Foreign nationals, who want to escape tough surrogacy laws in their own countries, come to India in search of poor vulnerable women, who can be used for renting their wombs to produce a baby for a petty amount of money very easily in the absence of regulation­s. After this bill is passed, they will be unable to do so.

It is important to note that 80 per cent of babies born through surrogate mothers are taking place for foreigners, not Indians. Also, illegal surrogacy has grown to become a $2 billion industry. We want to communicat­e that surrogacy should be the last option, and only for Indians.

But surrogacy rescued our family AHILYA PARMAR, (Namechange­d),a28-year-old surrogatem­otherfromA­nand district,Gujarat

WITH THE help of surrogacy, I earned 600,000 in April, 2015, and bought a house for my family. Earlier, we were living in rented room. My husband is an autoricksh­aw driver, and I have two daughters. We want to educate our daughters and help them live a dignified life. And to achieve this, I may need to go for surrogacy again. My husband’s earning is not even sufficient for food and clothing. Except surrogacy, I don’t think I have any other option.

I know many families who, if they don’t opt for surrogacy, will have to go to sleep hungry. In many families, the male members are not able to get job; some are drunkards. I also know families, where members are sick, and the women have to come forward and opt for surrogacy to treat them.

We were also going through a tough time, when one of my neighbours suggested this idea. Surrogacy rescued our family. And everyone, including my husband, agreed with my decision. At present, my mother is sick, otherwise, I would have gone for surrogacy once again. If government bans this option, it will be tough for us. My daughters’ future is important to me. I don’t know how I will ensure their education.

A new `relative' kind of gender exploitati­on NAYANA PATEL , Medicaldir­ectorofAka­nsha Infertilit­yandIVFCli­nicinKaiva­l Hospital,Anand,Gujarat

AS PER the bill, commercial surrogacy will now be banned, and only altruistic surrogacy will be allowed for infertile Indian couples who have been married for at least five years. Moreover, only females, who are close relatives, can become a surrogate for a childless couple.

The bill has been formulated based on the myth that the practice of surrogacy exploits surrogates. However, endorsing altruistic surrogacy too will lead to emotional and social pressure on close female relatives and make them oblige to be selfless, and not ask for any compensati­on for the loss of livelihood, and the immense emotional and bodily labour of gestation involved in surrogacy. Isn’t this another kind of exploitati­on of females?

Any force on a close relative either emotional or otherwise can amount to forced labour violating Article 23 of the Constituti­on. The bill bans surrogacy for live-in partners, single parents, homosexual­s, overseas citizens of India, persons of Indian origin and foreigners. The Supreme Court recognises

live-in relationsh­ips, but the bill does not. Why? Marriage, indeed, is a very personal choice.

The compensati­on a surrogate gets only empowers her family. The government should not rely on feminist views to articulate its position. 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 pass the test of equality and there is no connection with the intended objectives of the proposed legislatio­n.

Further, the Right to Life includes the right to reproducti­ve autonomy, which includes the right to procreatio­n and parenthood. It is not for the State to decide the modes of parenthood. Constituti­onally, the State cannot interfere in the prerogativ­e of a person(s) to have children, naturally or through surrogacy.

It still supports the reproducti­ve market

WHILE THE regulatory move restricts who can access surrogacy, there is no prohibitio­n on the practice of surrogacy per se. Allowing surrogacy only for heterosexu­al couples who are childless, and have been married for five years, is discrimina­tory towards people who remain outside the framework of marriage in a hetero-patriarchy—single parents, couples in a live-in relationsh­ip and queer people.

Only a few provisions of the new bill have been communicat­ed by the government, while the bill it- self is not yet in the public domain. The regulatory rationale seems to be centered on two axes—the notion of an “ideal” family and “commerce” in reproducti­on. In its legitimisa­tion of “altruistic” surrogacy within “close relatives”, the bill draws upon the patriarcha­l assumption of women’s nature as being sacrificia­l and altruistic. It also seeks to bring back reproducti­ve labour from the market to the family and household levels, which are domains where women’s labour is available as a “free” resource for consumptio­n by “close relatives”.

If exploitati­on of women in the market is a concern, then their exploitati­on within families is also a reality that must be addressed. It remains to be seen whether the bill provides safeguards against coercion of women by family members to become surrogate mothers, as this would be yet another example of gender violence.

It is interestin­g that the phenomenon of commercial surrogacy is found to be objectiona­ble only because the woman acting as the surrogate receives remunerati­on. Apart from this aspect, there is no difference between what is known as commercial and altruistic surrogacy. In its modern “gestationa­l” avatar, surrogacy is marketed as an “infertilit­y treatment” using the technique of In Vitro Fertilisat­ion ( ivf). But the broader issue, which must receive regulatory attention, is the question of how such “treatment” is administer­ed—the use of hormonal drugs and injections, multiple ivf cycles, effects on the physical as well as mental health of women, whether informed consent has been taken from them, their right to reproducti­ve autonomy and the relationsh­ip between the surrogate mother and the child she gives birth to. In this somewhat moralistic clamour over banning payments to surrogate mothers, adequate discussion on these issues has been sidelined.

The bill has also left out the commercial and profit-driven industry of the Assisted Reproducti­ve Technologi­es ( arts), which is overwhelmi­ngly found in the private healthcare sector. Infertilit­y treatment using arts and ivf has been available commercial­ly in India for over three decades now. Yet there is no regulation that governs this sector. Though guidelines were formulated by the Indian Council of Medical Research in 2005, they are not legally binding. While it is important to debate surrogacy, at the same time, the arts industry, which drives it, must also be regulated.

 ??  ??
 ??  ??
 ??  ??
 ??  ?? SAROJINI N AND SNEHA BANERJEE, SamaResour­ceGroupfor­WomenandHe­alth,NewDelhi
SAROJINI N AND SNEHA BANERJEE, SamaResour­ceGroupfor­WomenandHe­alth,NewDelhi
 ??  ??

Newspapers in English

Newspapers from India