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India’s regulation of surrogacy falls short of protecting bodily autonomy and guaranteeing reproductive liberty. Critically analyse.

Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation

3. India’s regulation of surrogacy falls short of protecting bodily autonomy and guaranteeing reproductive liberty. Critically analyse. (250 words)

Difficulty level: Moderate

Reference: The Hindu 

Why the question:

Petitioners in the Delhi High Court questioned why marital status, age, or gender were the criteria for being allowed to commission or not commission surrogacy in India.

Key Demand of the question:

To write about the various issues in the regulation of surrogacy and measures to rectify it.

Directive word: 

Critically analyze – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them 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 balanced judgment on the topic.

Structure of the answer:

Introduction: 

Begin by mentioning the objectives of surrogacy act and recent changes proposed to it.

Body:

First, write about the various issues in the act – strident approval from infertility experts, restrictive regulations, it does not allow single women, or men, or gay couples to go in for surrogacy etc. write about the impact on the above.

Next, write about the corrective steps that are needed to rectify the same.

Conclusion:

Conclude by writing a way forward.