Legalising surrogacy is much like legalising paid sex

Freedom and equality for women is a tricky subject. It is interesting to hear when people discuss on it, more so when lawyers talk about it.

One day, I was commuting by Delhi Metro and happened to overhear a bunch of lawyers in their late 30s talking about the ban on surrogacy. The majority argument was in favour of legalisation of surrogacy.

It was a long day and I didn't have the energy to take part in the discussion but eavesdropping felt quite refreshing for once.

The point being that it was going on for some time and is a viable income source for a section of the society. Since the Supreme Court had decriminalised the practise in a 2008 judgment, there is little reason to reject commercial surrogacy in the hindsight and economically deprive the large number of people involved in this activity.

Also read - Why infertility is on a rise in India

Long after I got off from the Metro, the words still kept ringing in my head. Does justice really sees things pragmatically? Why would government now go to extreme lengths to revert court's decision on this matter? What political agenda would banning surrogacy serve? I could not reconcile any of it.

Of many other women-oriented issues, I would say that surrogacy is a thing that I have least personal experience with. However, being a woman I hope to empathise enough with that act itself. Factors like my social background, education, economic status etc may affect my judgment so I'll rather stay within the confines of legal debate for the purpose of this post.

Human capital of India makes for a huge potential when it comes to global economy. The fact that we have the biggest population of youth gives us an opportunity to become a skill marketplace. However, the benefits of this demographic dividend will depend on the education and job opportunities in India.

While those may take some time to improve, we must carefully deal with the exploitative practises that have gone on till now due to our Third World status.

One such practise is commercial surrogacy. Childbirth in India is a viable, sellable business model. Taking advantage of the relatively lax regulations, the business of surrogacy has taken on an industrial approach.

Women willing to be surrogates for couples wanting to have kids (but can't), prepare themselves for the nine-month period with almost professional propensity.

Also read - 7 tips to get back in shape after pregnancy

Surely, the pay is good and requires only the qualification of being a fertile woman. The couples who engage surrogate services are emotional and go to great lengths to ensure that the surrogate mom is well taken care of.

However, it cannot be seen as a professional career because the demands of such a "job" are just too daunting. The health risks are simply too great to classify it as even a high risk job. A critical medical condition arising due to a complication in pregnancy can endanger both the surrogate as well as the child in her womb. Then there are the moral implications.

How do we protect the soul of a woman taking on the responsibility of repeatedly giving birth to other's children and then giving them up for money? Beyond legal justifications, surrogacy can only be seen as a by-product of economic disparity. You may say that for India, it is no different than IT outsourcing.

Also read - Abortion row: How women always suffer

But it is lot different because a surrogate is not just doing your day job for cheap. She is bringing a new life into the world. Some supporters of surrogacy (mostly those who are involved in the industry) ethically justify the idea by stating that it's a noble act of kindness.

No, it is not.

Kindness is when a close relative offers to be your surrogate. Not when you acquire the services online with a credit card. It is business then. A womb rental cannot be seen as a legitimate business period.

Commercial surrogacy is a taboo subject in many modern countries. In India, it has never been addressed legally due to lack of regulations on the subject. Surrogacy has thrived in India nonetheless.

However, government recently banned the commercial surrogacy by legislation. It stops foreigners from hiring surrogate mothers. Surrogacy advocates argue that it might push the industry to operate underground. The concerns are real because once you have established the demand, supply seldom stops.

Also read - It's not you, it's about being a mother

Surrogate mothers might see it as their personal choice but as an industry it raises questions about human rights. Surrogacy as an act of kindness or what some call as altruistic surrogacy is a personal decision and it can't be banned. However, it is almost impossible to know if there was any transaction involved. Even though the surrogates are altruistic, we have to ensure that a woman's decision to bear a child roots from a moral centre and not due to her economic conditions.

Otherwise, we will forever establish ourselves as a country that offers wombs at cheap rates. How is it any different than prostitution then? It is not different from human trafficking either where a person is transported illegally to be exploited. Just because some socially reputed white coats operate surrogacy clinics under legal premise it doesn't mean that the ethics of the medical profession justifies commercial surrogacy.

If it is only a matter of technicality then why are we fighting against abortion clinics which by-the-way, are operated by the same doctors. If gender determination can't be stopped by banning it then why not just let it be legal? At least, the patients will be treated to proper medical care. I'm sure some people will agree to that argument.

Also read - Sex should also be paid for

Let's look for some facts. Surrogacy might bring in sizeable revenue to the country, but we don't know exactly how much. We don't know how much commissions go to these surrogacy clinics. The middlemen in this industry are usually close family members. Sometimes, it is the husband or the mother-in-law forcing the women into surrogacy. These women mostly come from poor families and are often uneducated.

All these factors contribute to the exploitative nature of the industry. It is without doubt that the on ground economic conditions of the women turning surrogates don't improve much with time. The clients, who are often European or American couples, may not spare any expenses but there is no way to ensure that the money earned by them is utilised effectively.

Legally, the children born to surrogate mothers in India are naturalised Indian citizens. So how are their rights protected by the Indian law? How transparent are the adoption laws? What happens when the adopted children are ill treated at their new homes? The concerns go much farther than the happy picture of parenthood but until now we have ignored most of these issues to facilitate renting wombs without much hassle. Eventually, it took on a form of an industry and now we are questioning the decision to ban it based on the financial implications.

Also read - The adventures of a single mother in India

Any industry has to operate under some best practises or policies. Can there be a union in surrogacy industry? How are wages defined? Is there any insurance coverage for the women? How are they compensated if there's miscarriage or of infant mortality? How are they protected against exploitation? There are no clear answers to these questions. Surrogacy can't be seen in comparison with any other business that involves human capital. The final product of any other industry is not a human life.

In fact, human life is not traded in any mainstream or underground business in the way it happens in commercial surrogacy. It's disturbing how easily women seem to have developed an attraction towards surrogacy as a career option. It only points to the massive class divide of this country. The big question is about the availability of alternatives for those women who are accepting to rent their wombs for money. Is there no other industry where our women can be employed and earn a decent living without having to go through labour pains?

Advocates of surrogacy should ask that to themselves before defending the cause of the rich childless couples of the Western countries. It may sound cynical but we are doing injustice to the potential of young, productive women by allowing this rent-a-womb service. There is no fallacy there. It is just bad human resource management if commercial surrogacy is a viable career option for women in India.