ฝัง
- เผยแพร่เมื่อ 19 ธ.ค. 2018
- A bill that bars commercial surrogacy and allows only close relatives to act as surrogates to needy infertile couples for "altruistic" reasons was passed by the Lok Sabha on 19 December with Health Minister J P Nadda terming the proposed legislation historic. The 'Surrogacy (Regulation) Bill' was passed after an hour-long debate amid noisy protests by Congress and AIADMK members over various issues. The Health Minister said different sections of society, political parties, the Supreme Court and the Law Commission have spoken against commercial surrogacy and that the bill addresses these concerns. India had become a hub of commercial surrogacy and surrogate mothers also suffered from exploitation, he told the House.
Guest - Aditi Tandon, Special Correspondent, The Tribune,
Chakshu Roy, Head of Outreach, PRS Legislative
Research,
Dr. Shivani Sachdev Gour, General Secretary, Indian,
Society for Third Party Assisted Reproduction (INSTAR)
Sunieta Ojha, Advocate, Supreme Court,
Anchor - Frank Rausan Pereira
Chakshu Roy always gives best material for UPSC aspirants 😄
Good going Frank....👌👍
*83.SURROGACY REGULATION BILL, 2019
:*
• Defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
• Regulation of surrogacy: Prohibits commercial surrogacy but allows altruistic. No monetary compensation except medical expenses & insurance.
• Purpose: Only permitted for couples who suffer from proven infertility.
• Eligibility Criteria for intending couple (IC): Should have a certificate of essentiality.
Indian Citizens married for 5 yrs, Wife aged between 23 -50 yrs & husband 26 - 55 yrs.
• Eligibility criteria for surrogate mother: Close relative of intending couple. Married women having a child of her own, 25 - 35 yrs old, only once a surrogate in lifetime.
• Appropriate authority: Enforcing standards, registration of clinics.
• National & State Surrogacy boards: Policy level changes.
• Parentage & abortion of surrogate child: deemed to be biological child. Abortion requires written consent of S. mother.
• Offense & penalties: Undertaking commercial surrogacy, abandoning surrogate child.
*_Merits:_*
• To prevent exploitation of women.
• 75% of the cases who opt for surrogacy in India are foreigners: Several cases of abuse
• Rights of surrogate mothers considered: Insurance, their choice to back out.
• Won’t be an arrangement to prevent someone from going labor pain: Celebrities.
• Encouraging adoptions - More humanistic & noble.
*Debates & Discussions:*
_Ban on Commercial Surrogacy:_
o Prohibition may lead to surrogacy market underground.
o Exploitation of surrogate mother - 10 yrs imprisonment along with heavy fine.
o JPC interviewed several women: Since S. mothers giving their part of life they should be somewhat compensated.
_Criteria for Surrogate mother:_
o Infertility is still a taboo in society. Finding close relative is difficult.
o In Indian homes, the decision-making power rarely rests with women and not so privileged or financially weak relatives can be coerced into becoming surrogate mothers.
o Excludes people not having a close family unit.
_Criteria for Intended couple:_
o SC gave legal sanctity to live in relationship: Restricted from surrogacy.
o Right to life includes right over our bodies: Couple producing infertility certificates might be a violation of this provision.
o Single women, LGBT, Single father kept out of this.
o Women born without uterus or malformed uterus - waiting for 5 yrs is added strain.
First of all a great thanks to you for such a marvelous efforts you are putting but a request if you can provide this in word file or pdf file or any telegram channel you can make it can benefit a lot of people because if we copy this and paste somewhere it messes up.
It's very useful
Wonderful panelist... Very insightful and everyone gave a different perspective which made it more interesting to watch.
fyi : JJ Act - Juvenile Justice act
Aditi tandon my favourite
you appreciated ms.tandon beauty but you missed ms.shivani gour's voice
@@vineethkalluri960 she ain't beautiful.
The surrogacy bill allows surrogacy only for married couples for surrogacy(5 years).
it has allowed altruistic surrogacy with a close relative.
it has allowed surrogacy for those whose 1st child is disabled.
pros:
1. prevents exploitation due to commercial surrogacy.
2. it prevents neglect of children - it bars foreigners from doing it. neglect can occur due to citizenship issues of that foreign country.
3. promotes welfare- couples can adopt if they need kids.
4. prevents fashion surrogacy.
cons:
1. the bill undermines a women decision to control her body- against reproductive rights(21)
2. altruistic surrogacy is exploitative as well: in a patriarchy society a sister may be forced to bear a child for her brothers family.
2. it may encourage poverty: commercial surrogacy is a source of livelihood.
3. encourage surrogacy tourism- the intending couple may not know about the exploitative conditions in that foreign country.
4. discriminatory- bars homosexuals and single women and nri.
5. against child rights- encourages discrimination on disabled child
Dr Shivani Gaur stole the show
All panellists are superb!
How a discussion should be conducted where people actually exchange ideas.
A beautiful and productive discussion . All the invitees were accomplished with their view points & reproduced a very significant discussion on a very significant topic. Thanks Rstv.
These panelist should be in parliament b/c they highlights main points which are not mention's in the bill... but in india we all know about politician how educated they are 🤔
what an excellent debate
Surrogacy Bill, 2018:
- It puts an end to commercial surrogacy by limiting surrogating mothers to only the close relatives of the parents who need surrogate babies.
- The bill has not addressed the problems of LGBT community, single men and women, who want to have surrogate babies.
- The burden of adoption should not be put only on the infertile parents. The infertile parents at least of Indian Origin, Overseas Citizens of India have to be allowed to have surrogate babies of their genes according to their wishes.
- Compensation of surrogate mothers should be done by the surrogate parents with respect to the labour they undergo during conceiving of the baby. This should not be seen as commercial.
Aditi and shivani mam just beyond level... incredible
basically why we need surrogacy? why can't someone just adopt a child? totally agreed with ojha mam 👍
Maybe the mother wants to have a biological connection with their child? Btw I am not in favor or against with surrogacy, I am still on process of absorbing both side
As alway RSTV disscusion is fabulous...we are Now Start Waiting for disscusion to come...Thanks RSTV & Frank sir...
Dr. Shivani Gaur..... well handled
Before delving in the arguments, we need to understand the human anatomy related with birth. All woman who go for pregnancy are bound to undergo the pain related to child birth. It isn't something that Surrogate mothers feel different or excessive pain while the real mother would feel less pain. So, the surrogate mothers don't feel exploited or abused while undergoing surrogacy when pain related to labour and child birth is concerned.
Secondly, the government intervention in this domain is welcome to the limit that it brings legislation on the issues where surrogate mothers aren't compensated well or the child is abandoned in any stage of the surrogacy or after birth by the couple. That's a moral obligation upon the parents who goes for surrogacy. And abandoning so invites penalties according the law.
Thirdly, Surrogacy isn't something which is forced upon the surrogate mothers. I've personally read accounts of women who are in this business because either they are abandoned by their own families, they don't have any other skills to do some other job or either they are debt-ridden. So, with their perspective, surrogacy is a good way, if not easy, to gain some money for their own subsistence. And I'm yet to see a woman who's is not living in the margins who chooses this path.
Fourthly, in a society where revealing your infertility is considered a taboo, consider a relative, volunteering to act as the surrogate mother, even if money is involved. We have to understand the psyche of our civil society. As told by Dr. Shivani Gour, 'only 5 percent of couple have relatives who can be surrogate mothers'. I doubt the data. That's not even close. The closest I know is a normal couple giving one's own child (among many) to an infertile couple (relative) and that too, mostly, on promises of economical gratification of some kind.
Way forward
Surrogacy Bill is in a nascent stage. It requires a good deal of deliberation. There is still enough room for accommodating issues which haven't been considered through a couples perspective, a surrogate mother's perspective, societal perspective and most importantly economic perspective because let's just be straight, "economy is the answer."
If one goes for surrogacy, dont you think society will assume the couple to be infertile even if they are not and they chose to go for surrogacy for others reasons.
So i think hiding your fertility status would not be a valid point here.
The Big Pro LGBT point was that the community will foster adoption and now it makes no sense to say argue about Surrogacy for LGBT community. Do not play LGBT card at every place.
Great
Dr Shivani Kaur nailed the show.. Female infertility you need surrogacy not male infertility,even people do not disclose their infertility status within their families ...
Aditi Tondon mam nailed the discussion...relevant points putting by her👍
Agreed with Ojha madam
james micheal mostly emphasised JJ Act
Closed relatives can't apply to our society
Interesting arguments
Best channel
It is my favorite show please don't close it
aditi+frank = amazing discussion :)
Interesting discussion.
Plz discuss these bills after being passed by the Rajya sabha for complete clarity
Panel should have included some from transgender community also it would have made their thoughts also included in this debate
I totally agree with you but I think one of the panelists voiced a bit on their behalf.
informed debate
Aditi Tandon has wrong information about Japanese baby manji. Her mother took her in n she is almost 9-10 years old No one abandoned her.
Big picture discussions are always great but, if possible red tie next time Frank!!! 😅♦️
Very good move though some corrections are needed. Absolutely and help to save poor women from bodily exploitation in exchange of money.Close relative clause itself says all how much difficult to carry a child. As Dr mentioned less than 5% people get relatives for surrogacy.
Instead strict laws can be made within the current framework like well defined time gap between the terms woman (surrogate mother) has been carrying womb.... couple have child can't go for surrogacy (as done by many actors)
@@sumitrawat4103 yes ! If someone has no option then he can go for surrogacy. But 'parents having child ' going for surrogacy is disgrace to motherhood and against child's right to be born out of his biological parent.
@@kuldeepnagariitbhu that's what I am saying to make strict rules within the current framework,like the child who is born outside the India will not granted Indian citizenship... As it's not about how much money one have, it's about how homogeneous are our laws for rich and poor
More debate on this topic please
I think ,our ground realties will not back this bill...Do not play with the life of women...
That beard tho
He's Santa.Its christmas...
way ahead:
regulate surrogacy instead of banning.
awareness on medical complications to the volunteering surrogate mothers.
The bill should be for putting measures to protect the surrogate mothers from being exploited. This has turned out to be some sort of moral imposition and taking away rights. What about the women in India who are stigmatised for being infertile? Women in the west where this is banned are not facing such social discrimination for being infertile.
Please make an episode on strategy for new India@75
its not commercial surrogacy BUT compensation for surrogacy .........why only adoption ass option for infertile it should be for all despite of being fertile then only it would be human ...two great points......
We should first welcome the bill as of now because at least now there is some regulation in our country in this regard. There are some concerns which will be sorted out soon.
Since our diagnostic tools have advanced enough to ascertain whether there is chances of fertility or not and in those cases where is complete no chance of pregnancy or infertility in the female time frame of 5 years is quite alot. A sub clause is be added for such a rule in such cases..
close relative concept mus be ammended in rajya sabha.
Frank rocks
Sunita ojha is nowhere close to J sai Deepak
I was planning for surrogacy as I am gay. Why is the government pulling away my rights to have a child of my own 😥
Accept your identity proudly and gay sex does not result in children. You can adopt a child the best you can do. Don't try to buy helpless or poverty of an women with money. No body willingly want to have baby of other in their womb. It's too painful .
@@richatiwari3003 well said. May every poor orphanage child get there parents. They really need love 😢
Try to adapt child from CARA...I think this will be good choice rather than surrogate child👍😊
If u r gay , why do u bother about having children of your own ?
Children are blessings and are not for everyone.
nobody talked about same sex couples except in pockeTs...
Also It may push surrogacy underground making regulation difficult.. neverthless as doc said it formalizes surrogacy.. a good thing
Take money from me but shave the beard please 🙏
Why journalists only from The Tribune, there are other np also THE HINDU, INDIAN EXPRESS
In the words of J.S.Mill "The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant".
Seems like Indians are not yet civilized.
First of all, there is no need of any Regulation of surrogacy in the first place. It is straight away a violation of 'Right to Privacy'.
Every individual is a free inhabitant, so does women. Every women should be independently able to decide whether she should under go commercial or altruistic surrogacy.
State has absolutely no role in deciding the nature of the surrogacy a women should under go.
Secondly, all the people are crying as if they are the all time saviors of poor women. They clearly assumes that all women are exploited by surrogacy. This is absolute Nonsense. I have seen more women in rural area earning better money by undergoing surrogacy & get financially independent & able to invest the money they earned in commercial surrogacy in business activities.
It is really deplorable to note that even People who proclaim themselves as Feminist supports this bill. Sick!
Third, people have said that poor women are used as a substitute in surrogacy for Rich & Foreign women. That is correct. So does in farming. So does in house keeping. So does in latrine cleaning. So what shall we do? shall we abolish all activities done by poor women which these elites considers as "Exploitation"? Shall we abolish all Call centers, where Indian women are "exploited" by foreigners who wants cheaper services?
The way forward is not to regulate surrogacy. Surrogacy is a just a labour contract like any other labour. If you really want to empower women, then you need to make them more productive individuals of the society & free the markets, so that they could get better opportunities. Not by banning the sources of income they could avail.
This bill simply Anti-women, Anti-Poor, Anti-Privacy & Anti-Freedom.
As said by Frederic Bastiat "When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it". This bill just plunders the opportunities of the poor women to have a better living.
Adoption is much better than commercial surrogacy but adoption law must be regulated properly and should be liberal
it's not good bill.
Ye Sunita Ojha pagli qa JJ act JJact kar rahi h? Bewakoof ko itna bi ni pata ki ye show janta k liye to janta ko pehle JJ act k bare me bataye jaisa ki Chakshu Roy Sir karte h
Why Perera is so weird IN beared look.. Go and get a new face..
Sir you are getting fate day by day !
Plz,,,take care about your health !
Faltu bill
Y the govt is passing controversial bills like TRANSGENDER PERSONS RIGHCTS 2018 and the SURROGACY BILL 2018..????????
What is controversial about these bills?
Also even if they may be controversial, the government is supposed to do nothing?
Panel should have included some from transgender community also it would have made their thoughts also included in this debate