Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
2) With marketable surrogacy partaking much acceptance in India, it is obvious that, a ban would only push the industry underground. Critically analyse while discussing the issues associated with the Surrogacy Regulation Bill, 2019.(250 words)
Why this question:
The Surrogacy (Regulation) Bill, 2019, has been referred to a select committee of the Upper House, after several MPs raised concerns over several provisions of the legislation, including making it mandatory for a surrogate to be a close relative.
Key demand of the question:
One must critically analyse the consequences of a blanket ban on the commercial surrogacy and the flaws that are witnessed in the Surrogacy Regulation Bill, 2019.
Critically analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.
Structure of the answer:
In brief define what surrogacy is and the context of commercial surrogacy in India.
First discuss the key features of the Surrogacy (Regulation) Bill, 2019.
Present a detailed analysis of the same; The Bill defines surrogacy as a practice in which a woman gives birth to a child for an intending couple with the intention of handing over the child after birth to the intending couple.
The Bill bans commercial surrogacy, but it does allow altruistic surrogacy. Altruistic surrogacy does not involve monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the course of the pregnancy. Commercial surrogacy is surrogacy or such related procedures undertaken for a monetary reward or benefit (in cash or in kind) apart from the basic medical expenses and insurance coverage etc.
Discuss the associated concerns.
Conclude that the regulation tries to put an end to some of the problems related to surrogacy. However, concerns remain that due to these regulations a black market might be created of willing women who may not have received approval from any appropriate authority.