The Gift of Science or A Burden of Law

Our sexual and reproductive rights are realised only when the country's laws and policies reflect these in totality for everyone. On December 19, 2018, the Lok Sabha passed the Surrogacy (Regulation) Bill banning commercial surrogacy, which has been legal since 2002. The Bill is intended to regulate malpractices related to surrogacy and has managed to become restrictive and counterproductive to the very principles it was trying to uphold. Surrogacy is basically an arrangement between a woman and a couple or individual, often supported by a legal agreement, whereby the woman agrees to become pregnant and give birth for another person or persons Routinely, assisted reproductive techniques are used for pregnancy, most often using the intended parent's eggs and sperms. In case that is not possible, either a donor egg or sperm or both are used. This has been possible due to advancement in scientific technology around assisted reproduction. However, these variations and the lack of clarity around legal status of this arrangement have really been the reason for some tragic past incidents.

From 2002 until this Bill was passed, commercial surrogacy was possible and a real option for realising reproductive rights of countless individuals and couples who could not conceive, women who were at high risk of death and disability if they chose to be pregnant, single people of any sexual orientation and so on. Unfortunately, what queered the pitch were several incidents of would-be parents abandoning the surrogate mothers with their new-borns and subjecting them to exploitative conditions and meagre compensation. It was largely felt that the rights of surrogate mothers were exploited and needed protection.

The issue of surrogacy is primarily linked to reproductive rights of individuals. Besides, right to scientific progress is a human right that must be central to this debate. The rights to procreate and enjoy the progress of scientific advancement are interlinked in this discourse. However, the recent Bill will translate in suppressing these rights. It has defined conditions for commissioning the surrogacy and promises to regulate the process. However, what it does is ban commercial surrogacy and makes altruistic surrogacy by a 'close relative' the only route possible. It also allows only married couples to be eligible for opting surrogacy, that too, if they don't have any child and are infertile for five years.

These conditions are based on multiple assumptions, which include, a close relative who would be willing and capable of undergoing surrogate motherhood without any emotional exploitation and future repercussion. Further, it also takes for granted that the couple unable to conceive would share everything about their medical conditions within the family and that the five-year wait is appropriate. Assuming these to be a blanket truth is dangerous.

The gift of science or a burden of law - one consistent flaw with most of our policies and laws has been the failure to constitute and manage the processes necessary for compliance. For more information visit: https://www.dailypioneer.com/india/page/1

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Created on Jan 16th 2019 05:15. Viewed 264 times.

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