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ABSTRACT
This research dives into the very distressing and widespread subject of "stolen wombs" in India, where the sinister combination of organ trafficking and unethical surrogacy has resulted in a pervasive form of women's abuse. The article deftly navigates the multifaceted factors that contribute to this perplexing phenomenon, encompassing not only socioeconomic vulnerabilities, regulatory gaps, and cultural complexities, but also the profound ethical, legal, and human rights implications embedded within. This paper reveals the terrible reality of women susceptible to exploitation in these overlapping circumstances by investigating the intricate interconnections of these elements. It not only seeks to reveal the intricate systems that enable this exploitation, but it also makes a strong case for comprehensive solutions. As India struggles to reconcile tradition and modernity, urgent and coordinated measures are required to deconstruct the exploitative networks that flourish on the stolen wombs of the poor.
Introduction
Surrogacy is defined as "...a contractual undertaking whereby the natural or surrogate mother, for a fee, agrees to conceive a child through artificial insemination with the natural father's sperm, to bear and deliver the child to the natural father, and to terminate all of her parental rights subsequent to the child's birth." It is also defined as "the process of carrying and delivering a child for another person" by Black's Law Dictionary.
On October 3, 1978, India became the world's second nation to use IVF (in vitro fertilization) procedure to give birth to a baby girl named Kanupriya alias Durga in Calcutta, following the birth of the first baby boy through IVF, Louise Joy Brown, in Great Britain on July 25, 1978. The first child delivered through gestation in India was at Dr. Nayna Patel's Akanksha Fertility Clinic in Anand, Gujarat in 2004, when Rhadha Patel, 47, became a surrogate mother for her daughter in the United Kingdom. Following that case, Dr. Nayna Patel's Akanksha Fertility Clinic was highlighted in the local media for drawing a large number of overseas couples. Only because of the low cost, modern medical facilities, and the lack of severe laws governing the reproductive industry, as well as the simple availability of surrogate mothers, has India become a popular destination for foreign couples. As a result, the income of ART Clinics is expanding. For international couples in countries where commercial surrogacy is not permitted, India has emerged as a popular location for commercial surrogacy.
Source: http://surl.li/lvxbs
A research conducted by the Dutch National Rapporteur on Human Trafficking, as well as the report presented by the same, highlighted an issue about commercial surrogacy, specifically whether the women seeking commercial surrogacy were doing so voluntarily or under duress. According to Jyotsna Gupta, a senior lecturer in gender studies and diversity at the University of Utrecht, "Indian surrogate mothers are frequently subjected to enormous pressure from their husband and family." In nations where the majority of the population is poor, the rights of women from that society have been infringed upon and violated by the intermediary and clinics for the money agreed to be paid to the surrogate mother for the purpose of Commercial Surrogacy.
Human traffickers have long been active in the North Bengal districts of Darjeeling, Jalpaiguri, and Alipurduar, which are close to international borders with Nepal, Bhutan, and Bangladesh, as well as Assam and Bihar. In these locations, the practice of trafficking or misleading young females is referred to as 'Bhade ki kokh' (womb on rent). While some women willingly become surrogates in exchange for a substantial sum of money, surrogacy in these places is mostly connected with forcing trafficked girls, sometimes minors, to bear a child through conventional surrogacy, which can involve sexual abuse. The survivors of these heinous acts are often silenced by a sense of shame and intense fear of societal stigma, preventing them from filing FIRs (First Information Reports) with the police.
Plight of women becoming a part of the trafficking channel
This topic also helps in throwing light towards the reproductive rights in India, highlighting that it's a basic human right under Article 21 of the Constitution of India. Commercial surrogacy has helped infertile couples have children, but it also results in the exploitation of surrogate mothers. Violations of women's rights include Article 21 (right to life and personal liberty), Article 19(1)(a) (freedom of speech and expression), and Article 23 (prohibition of human trafficking and forced labor). Surrogate mothers often face poor treatment, lack of proper payment, and are sometimes forced into surrogacy by their husbands or for financial reasons, resulting in multiple rights violations.
In an article authored by Prof. Rita Biswas on the issue of Human Trafficking – A Burning Problem in India [1] it is indicated that approximately 80% of instances of human trafficking were associated with sexual exploitation, while the remainder involved coerced servitude. Furthermore, India holds the unfortunate distinction of having the highest incidence of trafficking in Asia. As per the United Nations' delineation, "trafficking" encompasses all actions that involve enlisting, conveying, sheltering, or accepting individuals through methods involving coercion, force, or exploiting their vulnerability.
Once more, in an article released by Kathleen Sloan [2], it was asserted that within the domain of surrogacy, the surrogate mother assumes the role of a commercial entity, and the outcome of this enterprise is the child brought into the world via this procedure. Women hailing from economically disadvantaged backgrounds are taken advantage of, jeopardizing their well-being throughout this journey. The European Parliament, back in 2011, proclaimed that the practice of surrogacy infringes upon the human rights of these women.
These studies reveal the complexities of the issue but also propose a strong case for substantive and well-coordinated interventions. The call for urgent and coordinated measures to dismantle the exploitative networks that thrive on the vulnerability of impoverished women is aptly made. It has helped recognize the challenge of reconciling tradition and modernity in India, and it underscores the urgency of aligning the country's progress with ethical and human rights imperatives
Conclusion
Surrogacy in India is a complex topic that sheds light on the practice's dual nature, bringing hope to infertile families while also presenting a horrific panorama of exploitation and abuse. The violation of fundamental human rights, particularly for vulnerable surrogate mothers, necessitates immediate and concerted intervention. The clash of tradition and progress emphasizes the importance of prioritizing ethical and human rights considerations. As we travel down this road, we must strike a balance between the potential benefits of surrogacy and the protection of women's rights. Collaboration from diverse stakeholders is required to ensure a future in which surrogacy respects individual value and upholds the rights and dignity of all parties involved.
References
Biswas, R. Human Trafficking-A Burning Problem in India, 2 (4) ONLINE JOURNAL EPISTEME, (March, 2014).
Sloan, K., & Lahl, J. (2014). Inconvenient Truths about Commercial Surrogacy. Twin Cities.
*This article was authored by Ishanvi Khanna & Chaheta Shruti, Students from Symbiosis Law School, Noida and reviewed by Pihoo Agrawal, Student from Symbiosis Law School, Noida.
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