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Surrogacy and its Types And Transgender Community in India
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2 Editorials are discussed: 1)Surrogacy and its types 2)Transgender Community in India

Vani Mehra is teaching live on Unacademy Plus

Vani Mehra
Educator/Youtuber Cleared UPSC Prelims and Mains Offline/Online Tutor for UPSC CSE Exams 4Years teaching experience

U
Unacademy user
Please Please continue this course for UPSC 2020 Aspirants too. I'm aiming for 2020. Thanks for this amazing course.
Vani Mehra
8 months ago
Sure:)
Mr. V
8 months ago
Thanks for your reply sister. Long live :)
I'm a regular follower please may you start optional course for sociology big fan
Vani Mehra
9 months ago
Very soon it will come:)
THANK YOU DEAR SISTER WISH YOU GOOD HEALTH AND FINE HOURS
Mem or anyone who knows please tell me if transgender be allowed to do such things like SRS(Sex reassignment Surgery) and hormonal therapy.
Mem or anyone who knows please tell me if transgender be allowed to do such things like SRS(Sex reassignment Surgery) and hormonal therapy.
Don't stop ma'am until 2021 please. do continue...
  1. Surrogacy and its types


  2. About me: UPSC Mains M.A. Sociology Cleared Entrance for JNU and GNDU Verified Educator V Top Educator at Unacademy 2017 Educator at Eten Als for General Studies Created 39 Courses with 1000+Lessons Have 28K followers and more then 5.9 lakh views Contact at: http://unacademy.com/user/vanimehra FOLLOW, RATE, REVIEW and RECOMMEND unacademy


  3. Surrogacy is the practice whereby one woman carries the child for another with the intention that the child should be handed over after birth. Such a surrogacy arrangement may be altruistic or commercial in nature. Altruistic surrogacy involves an arrangement where the couple does not pay the surrogate mother any compensation other than the medical and insurance expenses related to the pregnancy Commercial surrogacy includes compensation (in cash or kind) paid to the surrogate mother, which exceeds the reasonable medical expenses associated with the pregnancy.


  4. Legal Background: In 2008, the Supreme Court of India in the Baby Manji Yamada vs. Union of India case highlighted the lack of regulation for surrogacy in India. In 2009, the Law Commission of India observed that surrogacy arrangements in India were being used by foreign nationals, and the lack of a comprehensive legal framework addressing surrogacy could lead to exploitation of poor women acting as surrogate mothers. Further, the 228th report of the Law Commission recommended prohibiting commercial surrogacy, allowing altruistic surrogacy and enacting a law to regulate matters related to surrogacy 2015, a government notification prohibited surrogacy for foreign nationals. The Surrogacy (Regulation) Bill, 2016 was introduced in Lok Sabha on November, 2016 In


  5. Key Features of the Bill Purposes for which surrogacy is permitted The Bill prohibits commercial surrogacy, and allows altruistic surrogacy. The Bill permits surrogacy 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 other condition or disease specified through regulations. . Parentage and abortion of surrogate chilc . 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. Further, this authorisation will have to be compliant with the Medical Termination of Pregnancy Act, 1971 National and State Surrogacy Boards . The central and state governments shall constitute the National Surrogacy Board (NSB) and the State Surrogacy Boards (SSBs), respectively. Functions of the NSB include . Functions of the SSBs include: (i) monitoring the implementation of the provisions of the Act; and (ii) reviewing the activities of the appropriate authorities functioning at the state/union territory level. Offences and penalties . The Bill creates certain offences which include: Undertaking or advertising commercial surrogacy. . Exploiting the surrogate mother . Selling or importing human embryo or gametes for surrogacy. These offences will attract a penalty of 10 years and a fine of up to 10 lakh rupees


  6. Critical Appraisal of the Bill Ban on Commercial Surrogacy Medical Condition Close Relative Clause Maternity Relief Same Sex Provisiorn Exploitation Excessive Delegation of Power Time Limit Breach of Surrogacy Contracts


  7. Major impact: The Act will regulate the surrogacy services in the country and will control the unethical practices in surrogacy, prevent commercialization of surrogacy and will prohibit potential exploitation of surrogate mothers and children born through surrogac While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile couples will be allowed on fulfillment of certain conditions and for specific purposes. All Infertile Indian married couple who want to avail ethical surrogacy will be benefitted. Further, the rights of surrogate mother and children born out of surrogacy will be protected


  8. Conclusion. The proposed ban imposed by the Bill on commercial surrogacy and exclusion of foreign couples from availing surrogacy services are considered as the biggest flaw of this Bill The Bill could have provided a framework for establishing an effective mechanism for ensuring that surrogacy contracts are made properly by the parties and are not discriminatory or adversely affecting the interests of the surrogate women The possibility of exploitation of surrogate woman and protection of interests of surrogate and surrogate child could have been effectively ensured through proper framework.


  9. Transgend er Communit y in India: Detaile Analysis


  10. About me: UPSC Mains M.A. Sociology Cleared Entrance for JNU and GNDU Verified Educator V Top Educator at Unacademy 2017 Educator at Eten Als for General Studies Created 39 Courses with 1000+Lessons Have 28K followers and more then 5.9 lakh views Contact at: http://unacademy.com/user/vanimehra FOLLOW, RATE, REVIEW and RECOMMEND unacademy


  11. Transgenders in India- An Overview As per the Census of 2011, the total population of Transgender in India is 4.9lakh The highest proportion of the trans-gender population, about 28%, has been identified in Uttar Pradesh followed by Andhra Pradesh, Maharashtra, Bihar, Madhya Pradesh and West Bengal There are various types of transgender communities in India- Hijras, Kothis, Aravanis, Jogappas, and Shiv-Shakthis etc.


  12. Constitutional Safeguards Article 14 Article 15 Article 19 Article 21 Article 23


  13. Key Features: The bill defines transgender as "whose gender does not match with the gender assigned at birth and includes trans-men, trans-women, gender-queers, and other sociocultural identities." According to the bill, a person would have the right to choose to be identified as a man, woman or transgender, irrespective of sex reassignment surgery (SRS) and hormonal therapy. The bill states that a transgender person has to obtain a Certificate of Identity which will confer rights and be proof of recognition of identity as a transgender person The bill calls for central or state governments to provide welfare schemes and programmes to facilitate and support livelihood for transgender persons. This will include vocational training and self-employment Offences such as compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to 2 years' imprisonment and a fine A National Council for Transgender (NCT) persons will be set up to advice the central government on policies, and legislation related to transgender persons.


  14. Major ssues with the Bill: Definition Certificate of Identity Discrimina tion Rehabilitat ion


  15. Way Forward Self-ldentification Employment Health Legal Protection