Approximately
500 surrogate mothers from all over the country had made a
representation to the ICMR 8 months ago the contents are below. They
received no response at all for this representation neither have they
been told what was done with the representation.
Surrogate
mothers then in person approached the ICMR and they were turned away
stating that no one is ready to meet with them. It is shocking to hear
that authorities there have not had a single meeting with any surrogate
mother before taking out overnight circulars to "protect" them.
Surrogate
mothers have even approached the National Commission of women where
they had a sympathetic hearing with the local staff but due to other
engagements of NCW they have not been able to secure any meeting with
the people who are making decisions in NCW.
When they
approached the Hon Supreme Court the Hon Judge agreed to hear them out
however the counsel for Union of India immediately objected so they were
not able to even intervene there
If truly the interest in the
new Circular for Surrogacy is to protect these women surely they would
have been allowed to represent themselves?
Where is the question of protecting these women when at every turn they are being blocked and not allowed to speak.
The
New Circular for Surrogacy banning foreign surrogacy in India is
diverting patients to foreign countries who are only too happy to
contribute to the NGOs who are helping with painting the entire
industry negatively. Instead of a knee jerk reaction the actual cases of
exploitation if any should be looked into and confirmed by an
independent authority. And it goes without saying that imposing
Beauraucrats own will / dictatorship is not what Indian women expect
from the current Government.
Advocate Radhika
Thapar and Advocate Vishnu Sharma who have been very closely involved
with surrogacy for years have taken up their cause in the Supreme Court
To
Sh.R. S Sharma
Indian Council for Medical Research ( ICMR)
New Delhi
RE:
Public Interest Litigation
against commercial Surrogacy filed at the Supreme court of India.
Sir,
We , the
undersigned are few surrogate mothers. Some of us have become surrogate mothers
in the past , some of us are pregnant surrogate mothers and some of us are
prospective surrogate mothers. All of us have entered into commercial surrogacy
arrangement with the childless couples. Off lately a lot has been said about
surrogacy and about surrogate mothers. Surrogacy is portrayed in a bad light by
taking plea of the exploitation of surrogate mothers.
Recently, we have got to know that Public Interest Litigation (PIL)
is filed in the Supreme Court of India thereby seeking Judicial Intervention to
ban “commercial Surrogacy”. In the PIL , the petitioner has stated that this
amounted to Violation of Right to Life and Liberty as every pregnancy has an
element of risk.
Sir, in our humble
submission, we would like to make an elaborate representation before your
goodself and the supreme court of India. We wish to be impleaded as party to
the PIL to protect our rights and Interests.
We, have the very objection that Surrogate Motherhood is shown in
bad light. Commercial Surrogacy does not mean we are selling babies. If
Pregnancy brings element of risk then no woman should be asked to become
pregnant even naturally. So much so, even the abortions should happen without
the consent of husband , as it is a violation of right to life and liberty. The
very nature of surrogacy agreement be it Gestational Surrogacy ( which is only
allowed in India) stated that surrogate mother is only a carrier and not the
legal mother/parent. So, be it commercial or altruistic , it will not make any
difference. Each and every surrogacy is happening within the medical
supervision and care of the clinics and doctors. Commercial Surrogacy, is not
bringing a life changing amounts for us surrogates. The intended Parents make
us feel like angels and love us a lot even after the birth of the child,
whenever they visit India , they meet us and get gifts for our own children to
show their gratitude towards our services.
Our services have been uniting the world, every part of the world
i.e., from wherever the parents have come to have babies in India through surrogacy
are thankful to India and cheer for India. So many Americans, Australians ,
britishers, love us more and want their child to grow up also the Indian way as
the surrogate was from India. They have started celebrating Indian festivals,
and wearing Indian Dresses.
We have no shame or fear to become a Surrogate. Is a society still
so shallow and fake that the educated masses take surrogacy with shame and
commercial surrogacy as an allurement. By becoming Surrogates, we have done such
an act of pride and helped several childless couples to become parents and
brought many human lives to this earth, which would have never been possible
otherwise. By commercial Surrogacy, we are charging fee for our Surrogacy
services. We have the right to decide
for the compensation for ourselves as it is also our ‘right to life and
liberty’. We are proud to be the part of
“Surrogacy Walk” and created a world record as it is registered in the “LIMCA
BOOK OF RECORD”.
Sir, ICMR being our parent body we request your goodself to make us
available the copy of the Public Interest
Litigation (PIL) , so that we can
make a detailed representation to your goodself and Supreme court of
India to protect our rights and interests .
Motherhood ko chaihiye saman , na kijiye uska apman.
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