Current Affairs 15 February 2024

Contents:

1. SC: Electoral bond scheme violate the fundamental right
2. States report high EVM failure rate to EC
3. Can Simultaneous election aid growth?
4. Kerala Assemble passes resolution to amend WPA
5. Japan slips into Recession
6. Age limit for surrogacy

SC: Electoral bond scheme violate the fundamental right

Context:

A five-judge Constitution Bench of the Supreme Court of India strikes down the Electoral Bond Scheme.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Details
2. What are Electoral Bonds?
3. Why have they attracted criticism?
4. Key Highlights of the ADR Report

Details:

• The Judges of the Supreme Court issued the following ruling about the Electoral bond scheme:
• Violates Fundamental Rights:The court held that the scheme violates the fundamental right to information under Article 19(1)(a) of the Constitution.It violates the right to information and said that the information on political funding is essential.
• Violates free and fair election:An unlimited corporate funding violates the principle of free and fair election in the country.The court also held that political funding can impact fair policy making and thus lack of disclosures about corporate funding is unconstitutional.
  • The court also asked the State Bank of India (SBI)  to stop the issue of electoral bonds and furnish all details of those who have encashed the bonds so far.

What are Electoral Bonds?

• An electoral bond is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
• The citizen or corporate can then donate the same to any eligible political party of his/her choice.
• The bonds are similar to bank notes that are payable to the bearer on demand and are free of interest.
• An individual or party will be allowed to purchase these bonds digitally or through cheque.

Why have they attracted criticism?

• The central criticism of the electoral bonds scheme is that it does the exact opposite of what it was meant to do: bring transparency to election funding.
• For example, critics argue that the anonymity of electoral bonds is only for the broader public and opposition parties.
• The fact that such bonds are sold via a government-owned bank (SBI) leaves the door open for the government to know exactly who is funding its opponents.
• This, in turn, allows the possibility for the government of the day to either extort money, especially from the big companies, or victimise them for not funding the ruling party — either way providing an unfair advantage to the party in power.
• Further, one of the arguments for introducing electoral bonds was to allow common people to easily fund political parties of their choice but more than 90% of the bonds have been of the highest denomination (Rs 1 crore).
• Moreover, before the electoral bonds scheme was announced, there was a cap on how much a company could donate to a political party: 7.5 per cent of the average net profits of a company in the preceding three years. However, the government amended the Companies Act to remove this limit, opening the doors to unlimited funding by corporate India, critics argue.

Key Highlights of the ADR Report

The report analyzed various sources of donations received by political parties, including Electoral Bonds, corporate donations, contributions from MPs/MLAs, meetings, morchas, and collection by party units.

Electoral Bond Donations

• The highest donations from Electoral Bonds, amounting to ₹3,438.8237 crore, were received in 2019-20, the year of the general elections.
• In 2021-22, during which 11 Assembly elections took place, Electoral Bond donations worth ₹2,664.2725 crore were recorded.

Distribution of Donations

• Out of the total donations of ₹16,437.635 crore received by the 31 political parties analyzed, 55.90% came from Electoral Bonds, 28.07% from the corporate sector, and 16.03% from other sources.

National Parties

• National parties witnessed a significant surge in Electoral Bond donations, experiencing a 743% increase between FY 2017-18 and FY 2021-22.
• Corporate donations to national parties increased by 48% during the same period.

Regional Parties

• Regional parties also received a substantial proportion of their donations from Electoral Bonds.

Donations by Specific Parties

• The BJP, as the ruling party, received the highest donations among national political parties. More than 52% of the BJP’s total donations came from Electoral Bonds, totaling ₹5,271.9751 crore.
• The Congress secured the second-highest Electoral Bond donations, with ₹952.2955 crore, which accounted for 61.54% of its total donations.
• The Trinamool Congress received ₹767.8876 crore through Electoral Bonds, representing 93.27% of its total donations.

-Source: The Indian Express, The Hindu

States Report High EVM Failure Rate to EC

Context:

Ahead of the Lok Sabha polls, many states have raised concerns of high EVMs failure with the Election Commission of India.

Relevance:

GS II- Polity and Governance

Dimensions of the Article:

1. Details
2. About first-level check (FLC)
3. Electronic Voting Machine (EVM)
4. About Election Commission of India
5. Structure of the Election Commission

Details:

• As per the latest information obtained by an RTI activist, there were concerns within the Election Commission over the relatively high rate of Electronic Voting Machines during 2019 Lok Sabha polls.
  • Such instances during the polling process led to political uproar during last parliamentary elections.
  • AS per the latest RTI information, there are reports of a relatively high rate of breakdown of VVPATs and CUs continued to trickle in from the states throughout the FLC process.
  • Many officers from several state Chief Electoral Officers’ (CEOs) office have approached the EC requesting it of more machines because of the high failure rate. 

About first-level check (FLC):

• It is the initial technical examination of the EVM’s Ballot Unit (BU) and Control Unit (CU) as well as the Voter-Verified Paper Audit Trail (VVPAT).
  • The process is conducted in the six months leading up to the Lok Sabha polls at the district level under the supervision of a District Election Officer (DEO).
  • The EVM,, that malfunction during the FLC will be returned to the manufacturers, Bharat Electronics Limited (BEL) or Electronics Corporation of India Limited, for repair.

Electronic Voting Machine (EVM)

• Electronic voting is the standard means of conducting elections using Electronic Voting Machines (EVMs) in India.
• The government-owned Electronics Corporation of India and Bharat Electronics designed and tested the technology in the 1990s.
• They were gradually incorporated into Indian elections between 1998 and 2001.

About Election Commission of India

• The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
• It is the Commission that decides the election schedules for the conduct of elections, whether general elections or by-elections.
• ECI decides on the location of polling stations, assignment of voters to the polling stations, location of counting centers, arrangements to be made in and around polling stations and counting centres and all allied matters.
• In the performance of its functions, the Election Commission is insulated from executive interference.
• Part XV of the Indian constitution deals with elections, and establishes a commission for these matters.
• The Election Commission was established in accordance with the Constitution on 25th January 1950, hence it is a constitutional body. Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc., of the commission and the member.

Structure of the Election Commission

• Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
• The commission consists of one Chief Election Commissioner and two Election Commissioners.
• The secretariat of the commission is located in New Delhi.
• At the state level election commission is helped by Chief Electoral Officer who is an IAS rank Officer.
• The President appoints Chief Election Commissioner and Election Commissioners.
• They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament.

-Source: The Indian Express 

Can Simultaneous election aid growth?

Context:

A report titled ‘Macroeconomic Impact of Harmonizing Electoral Cycles’ was recently presented to the High-Level Committee on ‘One Nation One Election’ chaired by Ram Nath Kovind.

Relevance:

GS2- Government Policies And Intervention

Dimensions of the Article:

1. Details
2. About ‘one-nation, one- election’
3. Historical background of ‘one-nation, one- election’
4. Merits of ‘one-nation, one- election’
5. Demerits of ‘one-nation, one- election’
6. Way Forward

Details:

• A High-Level Committee on ‘One Nation One Election’ chaired by Ram Nath Kovind was recently held in which a draft paper containing the findings of the report titled ‘Macroeconomic Impact of Harmonizing Electoral Cycles’ was presented to the Chairman.
• The paper was co-authored by NK Singh, former Chairperson, Fifteenth Finance Commission, and Prachi Mishra, Chief of Systemic Division Issues, International Monetary Fund.
• Findings of the report:
  • The report held that Simultaneous elections are expected to aid growth besides reducing uncertainty in the minds of investors and other societal stakeholders.
  • It also brought out that, part from the expenses, there are wider economic ramifications in addition to repetitive expenses. 
  • These entailed issues of GDP growth, inflation, investment, expanded public expenditure, fiscal deficit, education, health outcomes, and law and order.

About ‘one-nation, one- election’

• The concept of “One Nation One Election” proposes the synchronization of elections for all states and the Lok Sabha within a five-year span. This entails restructuring the electoral cycle in India so that elections at both the state and central levels align. This would mean voters casting their ballots for members of both the Lok Sabha and state assemblies on a single day, concurrently or in phases if necessary.
• Recent developments have seen Prime Minister Narendra Modi advocating for “One Nation One Election,” underscoring its significance during the 80th All India Presiding Officers Conference.

Historical background of ‘one-nation, one- election’

• Historically, simultaneous elections have occurred in India in the years 1952, 1957, 1962, and 1967. However, this practice was discontinued following the dissolution of certain Legislative Assemblies in the late 1960s, leading to separate elections for the Centre and states.
• The idea of returning to simultaneous elections was initially suggested in the Election Commission’s 1983 report and was mentioned in the Law Commission’s 1999 report as well. Since 2014, the BJP government has ardently supported the notion.
• In 2018, the Law Commission released a draft report endorsing the implementation of simultaneous elections and suggesting necessary amendments to electoral laws and relevant Articles. The report addressed legal and constitutional challenges linked with conducting simultaneous elections and advocated for constitutional amendments ratified by at least 50% of the states.

Merits of ‘one-nation, one- election’

• Cost Reduction: The concurrent conduct of elections minimizes expenses associated with multiple elections, including time, labor, and financial costs, which arise due to movement of security personnel and diversion of state resources.
• Enhanced Voter Turnout: Simultaneous polls could potentially boost voter participation.
• Better Use of Security Forces: Frequent elections limit the availability of security forces for other crucial tasks.
• Focus on Governance: Continuous elections divert the focus of governance towards short-term electoral gains, sidelining long-term policies and programs.

Demerits of ‘one-nation, one- election’

• Constitutional and Anti-Federal Concerns: Critics argue that the move might impact the federal nature of the Indian political system, as national and state issues differ.
• Accountability: Fixed tenures might lead to a lack of accountability among government officials.
• Difficulty in Synchronization: Maintaining synchronized elections is challenging, especially given the likelihood of government assemblies losing confidence.
• Tampering with Democracy: Altering the election system could impact people’s democratic will.

Way forward:

• Synchronize Local Body Elections: Consider holding elections for local bodies simultaneously as well.
• Adjust State Legislative Assembly Terms: Align state legislative assembly terms with those of the Lok Sabha, possibly necessitating constitutional amendments.
• Synchronize Lok Sabha and Rajya Sabha Elections: Only synchronize elections for these two chambers.
• Comprehensive Debate: Engage in extensive discussions across the political spectrum to address concerns of regional parties and facilitate smoother implementation.
• Enhance Governance: If simultaneous elections reduce the time taken for polls, political parties can dedicate more time to addressing national issues and improving governance.

In conclusion, “One Nation One Election” is an idea gaining traction. However, its implementation requires thorough deliberation to address constitutional, federal, and logistical considerations.

The concept, if executed thoughtfully, could lead to increased efficiency and enhanced governance in the Indian electoral system.

-Source: The Indian Express 

Kerala Assemble Passes Resolution to amend WPA

Context:

The Kerala Legislative Assembly passed a resolution asking the Central Government to make necessary amendments in the relevant sections of the Wildlife Protection Act.

Relevance:

GS III- Environment and Ecology

Dimensions of the Article:

1. Details
2. About Wildlife (Protection) Act, 1972
3. Wildlife (Protection) Amendment Bill: Key Features
4. Human-Elephant Conflicts
5. Way Forwards to prevent Man – Animal Conflicts

Details:

• The resolution was moved by the Forest minister of the state to  address the escalating man-animal conflict in the state.
• What are the changes needed?
  • The resolution wanted an amendment in the Wildlife Protection Act so as to grant permission to cull a wild animal which has become a threat to human life.
    • It sought to amend section 11 (1) (a) of the Act, which empowers the Chief Wildlife Warden to permit any person to kill a wild animal specified in schedule one if the officer feels that it has become dangerous to human life or is severely disabled or sick beyond recovery.
    • It wanted the delegation of powers  given to the chief wildlife warden to the chief forest conservators for taking immediate steps.
    • It also mentioned to ease the norms and procedures accordingly.
  • Besides, the resolution also sought that wild boar, which has posed a major threat to human life and crops in the state, be declared vermin as per section 62 of the Act.
    • Once an animal is declared vermin, culling of wild boars, which create havoc in agricultural land, would be permitted for a certain period.
• The state in the recent months have seen several man-animal conflicts and has been witnessing a spike in human casualty due to animal attacks.
• Few  days back, a wild elephant had stormed into a gated house in Wayanad district and trampled a farmer to death, triggering massive protests in the state

Human-Elephant Conflicts

• Elephant-human conflict is a result of habitat loss and fragmentation.
• When elephants and humans interact, there is conflict from crop raiding, injuries and deaths to humans caused by elephants, and elephants being killed by humans for reasons other than ivory and habitat degradation.
• Such encounters foster resentment against the elephants amongst the human population and this can result in elephants being viewed as a nuisance and killed.
• In addition to the direct conflicts between humans and elephants, elephants also suffer indirect costs like degradation of habitat and loss of food plants.

Way Forwards to prevent Man – Animal Conflicts

• Surveillance- Increased vigilance and protection of identified locations using hi-tech surveillance tools like sensors can help in tracking the movement of animals and warn the local population.
• Improvement of habitat- In-situ and ex-situ habitat conservation measures will help in securing animals their survival.
• Re-locating of animal habitats away from residential and commercial centres will serve to minimize animal-man conflict for illegal and self-interested motives
• Awareness Programmes- To create awareness among people and sensitize them about the Do’s and Don’ts in the forest areas to minimize the conflicts between man and animal.
• Training programs– Training to the police offices and local people should be provided for this purpose forest department should frame guidelines.
• Boundary walls- The construction of boundary walls and solar fences around the sensitive areas to prevent the wild animal attacks.
• Technical and financial support- For the development of necessary infrastructure and support facilities for immobilization of problematic animals through tranquilization, their translocation.
• Part of CSR- Safeguarding Tiger corridors, building eco-bridges and such conservation measures can be part of corporate social responsibility. 

About Wildlife (Protection) Act, 1972

• WPA provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security.
• It provides for state wildlife advisory boards, regulations for hunting wild animals and birds,
• establishment of sanctuaries and national parks, regulations for trade in wild animals, animal products and trophies, and judicially imposed penalties for violating the Act.
• The act provides for the protection of wild animals, birds and plants.
• It provides for protection of hunting rights of the Scheduled Tribes in Andaman and Nicobar Islands.
• It has provisions for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
• It regulates the trade of wild animals, birds and plants.
• It has six schedules which give varying degrees of protection.
  • Species listed in Schedule I and part II of Schedule II get absolute protection — offences under these are prescribed the highest penalties.
  • Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower.
  • Schedule V includes the animals which may be hunted.
  • The plants in Schedule VI are prohibited from cultivation and planting

Wildlife (Protection) Amendment Bill: Key Features

CITES: 

• CITES is an international agreement between governments to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species.  
• Under CITES, plant and animal specimens are classified into three categories (Appendices) based on the threat to their extinction.  
• The Convention requires countries to regulate the trade of all listed specimens through permits.  
• It also seeks to regulate the possession of live animal specimens.  
• The Bill seeks to implement these provisions of CITES.  

Rationalising schedules: 

• Currently, the Act has six schedules for specially protected plants (one), specially protected animals (four), and vermin species (one).  
• Vermin refers to small animals that carry disease and destroy food.  
• The Bill reduces the total number of schedules to four by:
  • Reducing the number of schedules for specially protected animals to two (one for greater protection level), 
  • Removes the schedule for vermin species, and
  • Inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens).

Obligations under CITES:   

• The Bill provides for the central government to designate a:
  • Management Authority, which grants export or import permits for trade of specimens,
  • Scientific Authority, which gives advice on aspects related to impact on the survival of the specimens being traded.  
• Every person engaging in trade of a scheduled specimen must report the details of the transaction to the Management Authority.  
• As per CITES, the Management Authority may use an identification mark for a specimen.  
• The Bill prohibits any person from modifying or removing the identification mark of the specimen.  
• Additionally, every person possessing live specimens of scheduled animals must obtain a registration certificate from the Management Authority.

Invasive alien species: 

• The Bills empowers the central government to regulate or prohibit the import, trade, possession or proliferation of invasive alien species.  
• Invasive alien species refers to plant or animal species which are not native to India and whose introduction may adversely impact wild life or its habitat.  
• The central government may authorise an officer to seize and dispose the invasive species. 

Control of sanctuaries: 

• The Act entrusts the Chief Wild Life Warden to control, manage and maintain all sanctuaries in a state.  
• The Chief Wild Life Warden is appointed by the state government.  
• The Bill specifies that actions of the Chief Warden must be in accordance with the management plans for the sanctuary.  
• These plans will be prepared as per guidelines of the central government, and as approved by the Chief Warden.  
• For sanctuaries falling under special areas, the management plan must be prepared after due consultation with the concerned Gram Sabha.  Special areas include a Scheduled Area or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is applicable.  
• Scheduled Areas are economically backward areas with a predominantly tribal population, notified under the Fifth Schedule to the Constitution.

Conservation reserves: 

• Under the Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.  
• The Bill empowers the central government to also notify a conservation reserve.

Surrender of captive animals: 

• The Bill provides for any person to voluntarily surrender any captive animals or animal products to the Chief Wild Life Warden.  
• No compensation will be paid to the person for surrendering such items.  
• The surrendered items become property of the state government. 

-Source: The Indian Express 

Japan Slips into Recession

Context:

Japan unexpectedly slipped into a recession at the end of last year thus, losing its title as the world’s third-biggest economy to Germany.

As per the Government’s data, Japan’s gross domestic product (GDP) fell an annualised 0.4% in the October-December period after a 3.3% slump in the previous quarter

Relevance:

GS Paper 3: Indian Economy and issues relating to planning, mobilization, of resources, growth, development and employment.

Dimensions of the Article:

1. Concept of Business cycle
2. What is Recession?
3. Causes of a Recession

Concept of Business cycle

• For the Quality of Life to improve, a conscious public policy which spends in areas like food, nutrition, health, education, shelter, social security, etc is required. But for such expenditures and investments, the economy needs equitable level of income, too!  
• The income enhancement and development is dependent on growth prospects I.e real GNP. The govts try to maintain high levels of economic activity but economies fluctuate between best(boom) and worst(depression). 
• They are referred to as different phases of the economic activities. In between boom and depression, there might be many other situations of the economic activities, such as—stagnation, slowdown, recession and recovery.  
• The fluctuations in the level of economic activity between the depressions and booms has been called by the economists as business cycle or trade cycle with recession and recovery as the main intermediate stages. Stagnation and slowdown may be considered as other intermediate stages of the business cycle.  

What is Recession?

• The term “recession” refers to a period of economic decline in a country.
• It is a transitory period in which we will see a decline in trade, industrial activity, employment, and so on. In general, when a country’s GDP (gross domestic product) falls for at least two consecutive financial quarters, we can call this a recession in the economy.
• As a result, during a recession, the entire country’s economic performance stagnates.
• Businesses across the country will suffer the effects of the recession. To some extent, the government will be helpless as well.
• Consider the global recession of 2007-2008. It began with the housing market collapse in the United States, but the global economy suffered as well, with negative consequences seen in India.

Causes of a Recession

1. High Bank Rates: When interest rates are extremely high, there is little liquidity in the market. As a result, investment will fall, resulting in an economic slowdown. We saw this in the United States in 1980, when interest rates were raised to combat stagflation. However, this resulted in a recession.
2. Stock Market: During a bear market, investors will withdraw funds from the stock market. This will drain capital from businesses, causing an economic slowdown. Stock market crashes are extremely damaging to the economy.
3. Housing Crisis: When house prices fall, owners begin to lose equity. They are unable to pay their mortgages or obtain second mortgages on their properties. This could result in a foreclosure. This was the root cause of the 2007 Great Recession.
4. Economic Scandals and Frauds: In order to increase profits, banks, large corporations, and even government institutions may engage in questionable practises and illegal activities. The entire economy suffers when such schemes and scandals are exposed. Consider the current Sahara financial scandal.
5. War Effects: Following a war, there is usually an economic slowdown. It is the general aftereffect of the economic stress caused by war.
6. Deflation: The inverse of inflation is deflation. In this case, we will see a general decrease in commodity and service prices. This encourages consumers to wait for further price reductions. This has the potential to cause an economic downturn.
7. Falling Wages: When workers’ wages and salaries do not rise at the same rate as the economy’s inflation, the public’s purchasing power falls. He will be unable to afford the same goods and services that he previously could. This has the potential to cause an economic slowdown.

-Source: The Indian Express 

Age limit For Surrogacy

Context:

Recently, the Delhi High Court sought the Centre’s response within four weeks on a petition by a couple challenging the Surrogacy (Regulation) Act, 2021.

• The law allows only women aged between 23 and 50 to go for surrogacy.
• The couple, contended that such a restriction is against their right to procreation.
• The petition was filed by the couple after the State medical board refused to issue them the required certificate for the procedure on the ground that the woman had “crossed the upper age limit” under the Surrogacy (Regulation) Act, 2021.

Relevance:

GS 2-Issues Related to Women, Government Policies & Interventions, Issues Arising Out of Design & Implementation of Policies, Social Empowerment

GS4-Ethics

Dimensions of the Article:

1. About Surrogacy
2. Need of Surrogacy
3. About Surrogacy (Regulation) Act, 2021
4. Eligibility criteria for intending couple
5. Eligibility criteria for surrogate mother
6. Offences and penalties
7. Ethical concerns associated with surrogacy
8. Conclusion

About Surrogacy

There are two primary forms of surrogacy: traditional and gestational surrogacy.

Traditional surrogacy:

• Traditional surrogacy involves artificially impregnating the surrogate mother with the intended father’s sperm, making her both the genetic and gestational mother.
• In this method, the surrogate’s own eggs are used, resulting in a genetic connection to the child.

Gestational Surrogacy:

• On the other hand, gestational surrogacy entails implanting an embryo, created through in vitro fertilization, into the uterus of a surrogate mother who carries and gives birth to the baby. In gestational surrogacy, the surrogate is not genetically related to the child.
• The embryo is formed using genetic material from the intended parents or donors. The categorization of surrogacy as commercial or altruistic hinges on whether the surrogate receives financial compensation for her pregnancy.
• Only a handful of countries, like India and Ukraine, permit commercial surrogacy. India, due to its relatively low costs, has emerged as a popular destination for fertility tourism, attracting couples from around the world seeking assisted reproductive techniques.

Need of Surrogacy

• Globally, the incidence of infertility is on the rise, with the World Health Organization reporting that approximately 17.5% of the adult population, roughly one in six people worldwide, grapple with infertility.
• This underscores the urgency of advancing assisted reproductive techniques (ART), such as in vitro fertilization and surrogacy.
• Surrogacy is often seen as a potential remedy for infertility or an alternative to adoption, thus garnering considerable celebration for enabling individuals to achieve their dream of parenthood.
• Surrogacy can be seen as an extension of reproductive rights, providing a means for individuals and couples to have children when traditional methods are unattainable.
• It can be a lifeline for those grappling with infertility, same-sex couples, and individuals unable to carry a pregnancy for medical reasons.

About Surrogacy (Regulation) Act, 2021

The Act prohibits commercial surrogacy, but allows altruistic surrogacy. 

•  In altruistic surrogacy, the surrogate mother receives no monetary remuneration other than medical bills and insurance coverage during the pregnancy.
• Commercial surrogacy refers to surrogacy or associated treatments that are performed for a monetary gain or reward (in cash or kind) that exceeds the cost of basic medical care and insurance coverage.

Surrogacy is permitted when it is:

• For intending couples who suffer from proven infertility;
• Altruistic
• Not for commercial purposes
• Not for producing children for sale, prostitution or other forms of exploitation
• For any condition or disease specified through regulations.

Eligibility criteria for intending couple

• The intending couple should have a‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority.
• A certificate of essentiality will be issued upon fulfilment of the following conditions:
  • A certificate of proven infertility of one or both members of the intending couple from a District Medical Board;
  • An order of parentage and custody of the surrogate child passed by a Magistrate’s court; and
  • Insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.
• The certificate of eligibility to the intending couple is issued upon fulfilment of the following conditions:
  • The couple being Indian citizens and married for at least five years;
  • Between 23 to 50 years old (wife) and 26 to 55 years old (husband);
  • They do not have any surviving child (biological, adopted or surrogate); this would not include a child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness;
  • Other conditions that may be specified by regulations.

Eligibility criteria for surrogate mother

• To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
  • A close relative of the intending couple;
  • A married woman having a child of her own;
  • 25 to 35 years old;
  • A surrogate only once in her lifetime;
  • Possess a certificate of medical and psychological fitness for surrogacy.
• Further, the surrogate mother cannot provide her own gametes for surrogacy.

National and State Surrogacy Boards

The central and the state governments shall constitute the National Surrogacy Board (NSB) and the State Surrogacy Boards (SSB), respectively.

Functions of the NSB include, 

• Advising the central government on policy matters relating to surrogacy;
• Laying down the code of conduct of surrogacy clinics;
• Supervising the functioning of SSBs.

Parentage and abortion of surrogate child

• A child born out of a surrogacy procedure will be deemed to be the biological child of the intending couple. 
• An abortion of the surrogate child requires the written consent of the surrogate mother and the authorisation of the appropriate authority.
• This authorisation must be compliant with the Medical Termination of Pregnancy Act, 1971.  
• Further, the surrogate mother will have an option to withdraw from surrogacy before the embryo is implanted in her womb.

Offences and penalties

• The offences under the Act include:
  • Undertaking or advertising commercial surrogacy;
  • Exploiting the surrogate mother;
  • Abandoning, exploiting or disowning a surrogate child; and
  • Selling or importing human embryo or gametes for surrogacy.
• The penalty for such offences is imprisonment up to 10 years and a fine up to 10 lakh rupees.

Ethical concerns associated with surrogacy

Exploitation:

• Critics contend that surrogacy may lead to the commodification of women’s bodies, particularly in commercial surrogacy arrangements where surrogates receive compensation.
• Concerns about exploitation, coercion, and unequal power dynamics between surrogates and intended parents are prevalent.
• Unfortunately, it is often women from disadvantaged socioeconomic backgrounds who bear the brunt of surrogacy arrangements.
• They may need to sacrifice their own lives to fulfill the desires of affluent couples. During the surrogacy period, they are often isolated from their own families to avoid societal stigma.
• There is frequently an exploitative relationship between fertility clinics and intermediaries who lure financially vulnerable women with promises of payment, most of which ultimately goes to these intermediaries.
• In the event of any health issues arising from the pregnancy, neither the hospital nor the intended parents tend to provide adequate care for these underprivileged women.

Psychological effects

• Carrying another person’s child can give rise to a host of psychological issues for the surrogate mother.
• Surrogacy can also have profound emotional and psychological effects on all parties involved, including the surrogate, intended parents, and potentially the child.
• The dynamics of parent-child relationships in surrogacy can be intricate, raising questions about genetic and gestational connections, as well as the emotional bond between the child and the surrogate.
• Surrogacy challenges traditional notions of family by involving multiple parties in the reproductive process.

Conclusion

Rather than regarding impoverished women as mere “breeding factories,” it is essential to explore alternative methods such as adoption or emerging technologies like artificial wombs to meet the parenting needs of prospective couples.

-Source: The Hindu