Surrogacy,
especially commercial surrogacy has been gaining ground rapidly in India . Though some
doctors and others have been presenting surrogacy, one of the Assisted
Reproductive Technologies, as a benevolent gain of modern technology to the
childless couples, I would argue that like prostitution, commercial surrogacy is
inherently dehumanizing and unethical. Hence my proposition is - like the use of medical technology for sex-determination for
sex-selection, commercial surrogacy too should be seen as misuse of medical
technology.
This
opposition to commercial surrogacy is not from a traditional, moralistic
perspective of loyalty to the patriarchal institution of marriage. It is based
on differentiating between humane versus commercial or patriarchal sexual,
reproductive relations. To make such a distinction, one must answer the following
question -
"
if commercialization of various physical and mental capacities is acceptable, if
hiring out of teacher’s or doctor’s or mechanic’s capacity to render service to others is not considered a pathology, why should hiring of sexual and reproductive capacity be considered a pathology?"
I
would like to point out that firstly, the Leftist tradition has made a thorough
critique of commoditification of human capacities and has been striving for a
society in which this commoditification does not occur anymore. Today, this
‘dream’ seems to be far away. But so is the dream of man-woman equality! Does
it mean that we give up our egalitarian, libertarian, humane criteria to assess
the existing reality? Secondly, even within the framework of commoditification
of various human capacities and activities, we need to make distinction between
-
1)
Human activities which are inherently intensely personal, intimate and humanely
meaningful only in the context of a particular person/s (sexual relations,
child-bearing)
2) Most other human activities which are
inherently social, whose rationale and purpose is not defined in the context of
any specific person. For example participation in agricultural or industrial
production or activities like teaching or activities like performing arts like
dancing.
Humane
sexual relations including sexual intercourse is an activity whose content and purpose
is identical for both the partners: co-enjoyment, mutual satisfaction of their certain
human need. This co-enjoyment, mutual satisfaction occurs generally but not
necessarily within the framework of love relationship. Dehumanization occurs when this purpose is changed into giving a sexual
service to somebody or receiving it. This service can be due to duty or
compulsion borne out of patriarchal or other hierarchical relations or in
exchange of some payment or other material gain.
Child bearing is also a similar, intensely
personal, intimate process and can be humane only in relation with specific
individual with whom one is in love with. However, traditionally many a times it
has been a patriarchal service
rendered by the woman to her husband/his family. Now in today’s fully commercial,
exploitative, patriarchal world, sometimes poor women hire out their
reproductive system (not only the uterus) as a service to those infertile couples who are ready to pay for it. In
the traditional family structure, even if the relations with the husband may
not be humane, the baby stays with the mother who can enjoy rearing her baby.
In commercial surrogacy the mother is deprived of this solace!
Commercial surrogacy is the specific
form of dehumanization resulting from the very logic of commercialization of
‘everything under the son’ and the logic of patriarchy. They together convert
woman's sexuality and reproductive capacity into a commodity. Admittedly, it is
a long way to go to overcome prostitution, ‘sex-wok’ as it has been there for
ages. But that does not mean that newer additions of similar de-humanizations
are to be accepted. It may be pointed out that if commercial surrogacy is
accepted, there can not be an opposition to selling of babies by parents.
When
a woman becomes pregnant out of choice, she is ready to undergo various health
risks of pregnancy, discomforts, and restrictions for nine months as well as the risks and ordeal of labour only
because she wants to undergo the experience and the joy of mothering.
Commercial surrogacy converts this intimately personal process into an
impersonal market relationship, in which a poor woman agrees to bear a child
for somebody else to earn some money! Even if some women say that they are
happy in rendering this service does not make it less dehumanizing just as
slavery does not stop being inhuman just because some slaves see their
salvation, pleasure in rendering slave service.
It
may be noted that commercial surrogacy is not allowed in many developed
countries –Germany , France , Japan ,
Canada and so on and many
states in the US .
However couples from these countries come here to hire the reproductive
capacities of poor women in India .
Like organ transplants, should surrogacy
be allowed as a totally voluntary option with no financial/material incentive?
No, at least not today when there is such gross inequality and patriarchy. Today
when surrogacy occurs within a family, it is far more probable that there would
be exploitation of the woman in some form.
Commercial surrogacy is certainly not a
progressive step. Doctors should not use their capacities and new technologies for
the purpose of such a dehumanising practice. We look forward to an era when
this shameful service would wither away and when medical technology would be
harnessed only to foster human dignity and happiness for all. Till this occurs,
the minimum interests of the poor women who 'opt' for offering their bodies for
surrogacy have to be protected. In this spirit, we can suggest specific improvements
in the various provisions in the legislation. But there has to be a clear,
unambiguous commitment to abolish surrogacy.
**********
* 8, Ameya Ashish co-op. Hsg. Society, Kokan
Express Hotel lane, Kothrud, Pune 411038,
anant.phadke@gmail.com, 020 25460038,
09423531478
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