Surrogacy (Regulation) Act, 2021
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Surrogacy (Regulation) Act, 2021
GS III >> Economy >> Agriculture
Context: The Supreme Court questioned whether a single, unmarried woman having a child through surrogacy is an ‘accepted norm’ in Indian society or not.
About Surrogacy (Regulation) Act, 2021:
- The act defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
- Surrogacy can be classified into altruistic and commercial.
- True to the meaning of the word, altruistic surrogacy entails no financial compensation for the surrogate.
- In contrast, commercial surrogacy involves paying the surrogate for bearing the child, implying a profit,
- while a third type i.e., compensated surrogacy simply involves covering the incurred expenses and loss of wages.
- The Act prohibits commercial surrogacy, but allows altruistic surrogacy.
- Further, this act also specifies the eligibility criteria:
- Surrogacy is permitted only for those intending married Indian couples who suffer from proven infertility.
- An Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy.
- Further it lays eligibility criteria for the surrogate mother also which specifies that she must be close relative of the intending couple, she must be a surrogate only once in her lifetime; and the surrogate mother cannot provide her own gametes for surrogacy.
Concerns:
- Exclusionary: The provisions deny this opportunity to LGBTQ+ persons, live-in couples, unmarried women and single parents.
- Altruistic surrogacy is paternalistic: It expects a woman to go through the physical and emotional tolls of surrogacy free of cost and only out of ‘compassion’. Thus, reinforcing age old patriarchal norm of no economic value to the women’s work.
- It doesn’t respect the bodily autonomy of women: By shifting from right based to need based approach it snatches away the right of a women to decide upon her reproductive choices. Further it is and violative of her fundamental rights under Articles 14 (right to equality) and 21 (right to life) of the Constitution.
- Impetus to Black marketing: Blanket ban on commercial surrogacy may lead to creation of unregulated, exploitative underground/black markets.
- Does not define close relative: The act didn’t define ‘close relative’, which is a condition to be fulfilled by the surrogate mother. Thus, scope for confusion and exploitation of loop holes is always there.
- Reproductive liberty to the couples: Several restrictions in form of eligibility criteria etc restricts the surrogacy option to intending couple which is a denial of reproductive liberty to them.
- No power to make decision on abortion: Intending couple don’t have final say in the consent to abort a surrogate child, even if the child being born out of a surrogacy arrangement is at the risk of physical or mental abnormalities.
- Identity and emotional aspect: Several times couples do not want to reveal their plans of oping for surrogacy, now putting the condition of close relative to be a surrogate clearly ignores this aspect and restricts the choices. Further, familial bonds and interaction may involve high emotional complications between surrogate mother and intended parents.
Way forward:
- It is essential that, in the process of addressing the exploitation of surrogate mothers, the act should be revised to establish a comprehensive and inclusive procedure. This revised procedure should aim to make surrogacy readily accessible to the deserving citizens of India.
Source: www.thehindu.com
UN Treaty to end Plastic Pollution
GS III >> Environment >> Pollution
Context: The Intergovernmental Negotiating Committee (INC), operating under the United Nations Environment Programme (UNEP), recently convened in Nairobi for its third round of negotiations aimed at crafting an international legally binding instrument to combat plastic pollution globally.
- The INC, mandated by UN Environment Assembly Resolution 5/14, seeks to deliver a global plastics treaty by 2025.
About Plastic Pollution:
- Definition of plastic pollution: Plastic, a synthetic organic polymer derived from petroleum, finds wide applications in various fields.
- Non-biodegradable, it persists in the environment for hundreds or even thousands of years.
- Causes of plastic pollution: Plastic pollution results from the accumulation of plastic waste in the environment. Primary plastic wastes include items like cigarette butts and bottle caps.
- Types of plastic wastes:
- Primary plastics, like cigarette butts and bottle caps, contribute to plastic pollution.
- Secondary plastics form through the degradation of primary ones over time.
- Scale of plastic production and waste: The UN reports an annual global plastic production exceeding 300 million tons. India generates 46 million tonnes of plastic waste each year, with 40% remaining uncollected.
- Usage and impact of plastic: About 43% of India’s plastic waste is utilized for packaging, mainly single-use plastic. Plastic pollution poses environmental challenges due to its non-biodegradable nature.
- Unexpected presence: Mariana Trench and Mt. Everest both host plastic debris despite their remote locations. Plastics, comprising 85% of marine waste, are a pervasive and harmful fraction of marine litter.
- Widespread marine litter: Marine litter, escalating along coastlines, mid-ocean currents, and remote islands, poses a threat. From polar regions to deep-sea trenches, plastics harm marine life and ecosystems.
- Decades of plastic infiltration: Over 70 years, plastic, versatile yet pervasive, infiltrated every corner of the planet. Unnecessary single-use plastics contribute to unmanaged waste, impacting lakes, rivers, and coastal areas.
Impact of plastic pollution:
- Environmental degradation: Plastics, non-biodegradable and persisting for centuries, cause environmental degradation. Marine litter and adverse effects of plastic pollution span from ecosystems to human health.
- Harm to marine life: Plastics break down into microplastics, posing physical and chemical harm to marine life. Sea turtles, seabirds, and marine mammals suffer, mistaking plastics for food or getting trapped.
- Human health risks: Microplastics’ pervasiveness raises concerns about human health risks through inhalation, ingestion, and absorption. Chemicals in plastics, like methyl mercury and flame retardants, are linked to health issues.
- Inequality in impact: Wealthier countries producing more plastic disproportionately affect less developed nations. Recycling efforts are hindered by the global plastic recycling rate being below 10%.
- Social and economic consequences: Developing countries, lacking support and funds, face intensified environmental, health, and social burdens. Women, children, waste workers, coastal communities, and Indigenous Peoples suffer more intensely.
- Loss of marine ecosystem services: Marine plastics pollution reduces valuable ecosystem services by at least US$500 billion to US$2,500 billion annually. Direct economic losses to coastal industries are significant, impacting fisheries and shipping.
Evolution of Global Plastic Treaty:
- Formation and purpose: UNEA established in 2012 for global environmental governance. INC, led by UN member states, tasked with negotiating a global treaty on plastic pollution.
- UNEA meetings and resolutions: UNEA meetings every two years to set global environmental priorities.
- UNEA 5.2 resolution marked a milestone, calling for a legally binding instrument to ‘End Plastic Pollution.’
- Evolution of the idea: UNEA-3 (2017) established an expert group on marine litter. India’s call for a global single-use plastic ban at UNEA 4 in 2019.
- Establishment of OEWG and INC: UNEA 5.2 resolution called for OEWG and INC formation. OEWG met in 2022, laying the groundwork for INC meetings.
- Fast-tracked timeline: INC meetings held four times over two years to finalize the treaty text.
- INC-5 in 2025 to decide on ratification, potentially making it the fastest-developed text for an environmental treaty.
Key highlights from INC-3 meeting:
- Treaty modifications: INC-3 focused on developing a global plastics treaty to combat pollution, following UN Environment Assembly Resolution 5/14. Negotiations centred around the ‘zero draft’ text, with discussions on core obligations and control measures.
- Controversial treaty elements: Disagreements among member states included core obligations on primary polymer production, chemicals, plastics, trade, and financial mechanisms.
- Industry influence and production reduction: Industry influence was evident, with increased lobbyists at INC-3. Controversy over reducing primary polymer production due to implications for the industry.
- Financial mechanism and trade restrictions: Financial mechanisms proposed in the zero draft faced opposition from like-minded countries. Disagreements on trade restrictions, with the bloc contending it infringes on national sovereignty.
- Stalling and setbacks: Stalling in discussions led to a failure to adopt the mandate for the first draft. The closed-door meeting on intersessional work resulted in no consensus, causing a setback before INC-4.
Government measures:
- ‘Clean and Green’ Campaign: The Ministry of Housing and Urban Affairs launched a nationwide awareness campaign to discourage single-use plastics and promote environmental improvement.
- Plastic Waste Management Rules (2022): The Union Environment Ministry introduced rules, including the phase-out of some single-use plastics and an increase in plastic carry bag thickness to combat plastic pollution.
- India Plastic Pact: Collaboration between corporations, governments, and NGOs under the India Plastic Pact aims to transform India’s linear plastics economy into a circular one, reducing problematic plastics and creating job opportunities.
- Targets by 2030: The Union Environment Minister introduced National Dashboard, Extended Producer Responsibility Portal, a grievance redress app, and a monitoring module for Single-Use Plastic (SUP) elimination and plastic waste management.
- Innovative Solutions by MSME and Education Sector: Khadi and Village Industries Commission (KVIC) patented plastic-mixed handmade paper as part of Project REPLAN, reducing plastic waste.
- Thiagarajar College of Engineering secured a patent for plastone blocks and tiles made from recycled plastics, offering sustainable alternatives in construction.
Way forward:
- Strengthened waste management: Invest in robust waste management systems globally to collect, recycle, and reuse plastic effectively.
- Circular economy practices: Promote sustainable consumption and production across the plastic value chain, encouraging the use of recycled materials.
- Consumer education and engagement: Launch awareness campaigns to educate consumers about the environmental impact of plastic pollution and inspire responsible choices.
- Phasing out problematic plastics: Implement measures to gradually eliminate unnecessary and problematic single-use plastics, encouraging alternatives.
- Effective monitoring and governance: Establish rigorous monitoring systems to track plastic sources, quantities, and environmental fate. Strengthen and enforce governance and regulations at all levels for effective plastic pollution management.
- Global collaboration and agreements: Actively participate in global agreements and conventions related to marine pollution, climate change, and sustainable ocean use.
Source: www.thehindu.com