Contents:
- Challenges Surrounding the Surrogacy Act: Re-evaluating Compensation and Ethical Concerns
- Mission Mausam: Adapting to the Complexities of Climate Change
- Rights of Future Generations Must Guide Climate Debate
Challenges Surrounding the Surrogacy Act: Re-evaluating Compensation and Ethical Concerns
Context: The Surrogacy (Regulation) Act, 2021, along with the Assisted Reproductive Technologies (Regulation) Act, has sparked several concerns regarding its constitutional validity. The core issues involve the prohibition of commercial surrogacy and the limitations imposed on payments to women acting as surrogates. The ongoing Supreme Court cases challenge aspects of the Act, focusing on ethical, legal, and medical dimensions.
Relevance: General Studies Paper II (Governance and Social Justice)
Mains Question: Analyze the ethical and legal implications of the Surrogacy (Regulation) Act, 2021, particularly focusing on the prohibition of commercial surrogacy and compensation for surrogates.
- Prohibition of Commercial Surrogacy:
- The Surrogacy Act, 2021 bans commercial surrogacy, prohibiting any form of payment or compensation to women acting as surrogates, except for medical expenses and insurance. This provision is intended to prevent the exploitation of poor and vulnerable women, but it has raised concerns about the financial burdens placed on surrogates.
- The Jayashree Wad vs Union of India (2016) case had earlier sought a prohibition on commercial surrogacy, which influenced the eventual legislation. However, the lack of detailed examination of how women who act as surrogates are affected has left significant gaps in addressing the real-world challenges of those involved.
- Ethical and Legal Concerns Regarding Compensation:
- The 2016 Rajya Sabha Standing Committee Report on surrogacy highlighted the ethical issues surrounding compensation. It argued that prohibiting payments could lead to exploitation by intermediaries (clinics and agents) who could coerce distressed women into unpaid surrogacy arrangements.
- Another argument raised against payment is that it could amount to the sale of children, a concern addressed by the Act through detailed guidelines on payment schedules during pregnancy. However, many still question whether the compensation allowed for medical expenses is sufficient to support the needs of surrogates.
- Balancing Altruistic Surrogacy with Surrogate Rights:
- The current law only permits altruistic surrogacy, where surrogates are expected to provide their services out of goodwill without receiving any financial benefit beyond necessary medical costs. Critics argue that this approach overlooks the surrogate’s rights, especially those of women from marginalized backgrounds who often undertake surrogacy due to financial struggles.
- The prohibition of compensation has also raised concerns about whether women entering surrogacy are truly willing participants or coerced by their economic circumstances. There is also ambiguity about the role of intermediaries, with some intermediaries being accused of exploiting surrogates under the guise of altruism.
- Medical and Psychological Concerns:
- Surrogacy involves invasive medical interventions, which carry significant physical and psychological risks. By not providing sufficient compensation, critics argue that the Act places an undue burden on surrogates, who often lack access to long-term medical or psychological support after the birth.
- Parliamentary Committees have recommended that surrogates should receive “reasonable compensation” for the risks involved, such as emotional trauma and health impacts. Additionally, there is a need to regulate the involvement of clinics and hospitals, which could exploit the current loopholes for profit.
Additional Data:
- 2016 Standing Committee Report: Highlighted the potential exploitation in surrogacy and recommended better compensation models.
- Altruistic Surrogacy: Currently, surrogates in India can only be reimbursed for medical costs and must be a close relative of the intending parents.
Conclusion:
The Surrogacy (Regulation) Act, 2021 aims to protect women from exploitation but faces criticism for not adequately addressing the needs of surrogates, particularly regarding compensation and medical risks. While prohibiting commercial surrogacy addresses ethical concerns about commodification, there is a need for closer examination of payment structures and the safeguarding of surrogate rights. A balanced approach, ensuring both ethical integrity and fair compensation, is crucial for the success of surrogacy regulations in India.
Mission Mausam: Adapting to the Complexities of Climate Change
Context: Mission Mausam, a recently approved weather preparedness initiative by the Indian government, aims to address the increasing unpredictability of weather events due to climate change. This initiative follows the National Monsoon Mission and seeks to improve weather forecasting and climate resilience through advanced technology and indigenous research.
Relevance: General Studies Paper III (Environment and Climate Change)
Mains Question: Discuss the significance of Mission Mausam in enhancing India’s climate resilience. How can AI and advanced technology aid in better weather forecasting and disaster preparedness?
- Need for Enhanced Weather Forecasting:
- Extreme weather events such as heavy downpours, droughts, and sea-level rise have become more frequent in recent years. The National Monsoon Mission (2012) laid the groundwork for weather forecasting, but climate change has made these events more erratic and difficult to predict.
- The Indian Government’s Mission Mausam, with a budget of ₹2,000 crores, aims to improve forecasting accuracy, especially regarding heavy rainfall, cloudbursts, and landslides, by deploying 70 doppler radars, 10 wind profilers, and other advanced tools.
- Climate Science and Emerging Technologies:
- While climate knowledge has advanced, it remains an emerging science with many local nuances. AI-aided research has shown promise in improving weather predictions, with reduced costs compared to traditional computing. AI can process vast amounts of data to identify patterns, improving the accuracy of forecasts.
- AI’s integration into weather prediction could help policy-makers and climate-smart strategies, enhancing early warning systems and disaster preparedness at a lower cost than traditional methods.
- The Importance of Controlling Rainfall:
- One potential strategy to address climate impacts is cloud seeding, which is already in use in countries like the US, China, UAE, and Russia. However, cloud seeding remains a contentious issue, with limited understanding of its environmental impacts and cost-effectiveness. Large-scale operations are still under scrutiny due to unknown outcomes.
- Urban Planning and Climate Resilience:
- A critical aspect of Mission Mausam is urban planning, focusing on making cities, towns, and rural areas more resilient. Landslides, floods, and slope-wise assessments in regions like Sikkim need to be integrated into broader planning. Building climate-resilient infrastructure, particularly around lakes and river bodies, is crucial to prevent catastrophic events like floods.
- Slope-wise assessments and warning systems for landslides in hilly terrains remain underdeveloped in India, and more investment is needed in this area.
- Role of AI in Weather Controlling Mechanisms:
- AI’s role extends beyond predictions; it can simulate weather-modifying mechanisms like cloud seeding and track the efficiency of rainfall control technologies. India can explore AI to strike a balance between technological application and ground realities.
Additional Data:
- Mission Budget: ₹2,000 crores for Mission Mausam.
- Doppler Radars: 70 doppler radars planned for deployment.
Conclusion:
Mission Mausam is a critical initiative for India to weather-proof its future in the face of climate change. However, for it to be truly effective, it must evolve with the complexities of climate science and integrate advanced technologies like AI. By balancing investment in technology and local knowledge, the initiative can improve weather forecasting, disaster preparedness, and infrastructure resilience, ultimately safeguarding lives and livelihoods.
Rights of Future Generations Must Guide Climate Debate
Context: As the United Nations prepares for the Summit Of The Future (September 22-23, 2024), the rights of future generations have emerged as a critical theme in the global climate discourse. This perspective shifts the focus towards ensuring that the actions of present generations do not harm the ability of future generations to live in a sustainable and safe environment.
Relevance: General Studies Paper III (Environment and Climate Change)
Mains Question: Discuss the significance of recognizing the rights of future generations in global climate negotiations. How can this concept be integrated into existing environmental frameworks?
- Rights of Future Generations:
- The Summit Of The Future will focus on ensuring that future generations have the right to a safe and secure world, free from the adverse impacts of climate change, pandemics, pollution, and socio-economic inequalities.
- This concept involves recognizing intergenerational justice, where current generations are seen as custodians of the environment for future generations. The call is for environmental solidarity that transcends time, ensuring that policies today protect those who will inhabit the Earth tomorrow.
- Legal and Ethical Foundations:
- Legal debates on the rights of future generations have gained momentum, particularly following the European Journal of International Law essay, “Against Future Generations” by Stephen Humphreys. Humphreys argues that protecting future generations through broad rhetoric shifts the responsibility unfairly to those who cannot act now.
- However, other scholars counter this by asserting that protecting future generations is a moral imperative. Drawing upon indigenous knowledge and historical legal precedents, they emphasize the need to establish legal obligations toward future generations. The Maastricht Principles on the Human Rights of Future Generations were developed to underscore these rights in international law.
- Judicial Precedents on Climate Justice:
- Around the world, courts have recognized the need for protecting the environment for future generations. For instance, the Supreme Court of Pakistan upheld the principle of climate justice, stating that current legal systems must prevent environmental harm for future generations.
- Similarly, the Inter-American Tribunal and rulings in Colombia have recognized the intergenerational responsibility in maintaining ecological balance and protecting biodiversity.
- The Role of ‘Planetary Boundaries’ and ‘Overshoot Day’:
- Discussions on planetary boundaries and overshoot day illustrate the urgency of incorporating future generations into the climate debate. The Earth Overshoot Day—the date by which humanity uses more ecological resources than the Earth can regenerate—has been moving earlier every year, signaling unsustainable resource consumption.
- Eight of the nine planetary boundaries essential for Earth’s habitability have already been breached, underscoring the need for immediate actions to reverse environmental degradation. If the current trends continue, future generations will inherit a planet depleted of resources and ecological balance.
- Policy Implications and Action:
- For the rights of future generations to be effectively safeguarded, they must be meaningfully included in decision-making processes. The Maastricht Principles provide a framework for holding states accountable, calling for actions that prevent environmental harm and ensure equitable access to natural resources for future generations.
- Policymakers should adopt long-term strategies that integrate climate justice, focusing on sustainability, equity, and intergenerational solidarity.
Additional Data:
- Earth Overshoot Day: As of 2023, humanity consumes resources at a rate that would require 1.7 Earths to sustain.
- Planetary Boundaries: Eight of nine essential boundaries have been crossed, emphasizing the need for urgent climate action.
Conclusion:
The rights of future generations must be a guiding principle in the global climate debate. The Summit Of The Future presents an opportunity for nations to commit to policies that safeguard the environment for those who will inherit it. By incorporating legal frameworks like the Maastricht Principles and recognizing the moral imperative of intergenerational equity, nations can ensure a sustainable future for all.
