Editorial 1 : Pay the bearer
Context: Why Supreme Court must look into compensation for surrogates
Judiciary’s tryst with Surrogacy
- The first trysts that courts in India had with surrogacy, in the 2000s, were cases of children who ran the risk of being rendered stateless when they were born out of transnational surrogacy arrangements, which have been effectively banned since 2016.
- Courts have also examined the status of parenthood via surrogacy with regard to maternity leaves, and various issues around the eligibility for commissioning parents as well as women who can act as a surrogate.
- Jayashree Wad vs Union Of India (2016) argued for a prohibition on commercial surrogacy, which was brought about by the Surrogacy Act
Surrogacy Act
- The Surrogacy Act prescribes a prohibition on buying or trading the services of surrogate motherhood by way of giving payment, reward, benefit, fees, remuneration or monetary incentive in cash or kind, to the surrogate mother or her dependents or her representative.
- Any willing woman between the ages of 25 to 35 years can act as a surrogate, once in her lifetime, altruistically, which includes coverage of medical expenses and a provision for insurance.
- Her informed consent is obtained through a form that delineates her rights and duties, including an agreement that she will relinquish all rights over the child upon birth.
- Some clauses in this also indicate that she is providing help to the seekers of surrogacy.
Arguments against payment model
- Concerns of possible exploitation around the hierarchy between intending couples and clinics on the one hand and poor or distressed women who acted as surrogates at the behest of intermediaries, on the other.
- It amounts to the sale of children.
Observations of Parliamentary Committee
- The Department-related Parliamentary Standing Committee of the Rajya Sabha’s 102nd Report made some important recommendations for the 2016 Surrogacy Bill.
- It noted that pregnancy is not a one-minute job but a labour of nine months with far reaching implications regarding her health, her time and her family.
- In the altruistic arrangement, the commissioning couple gets a child; and doctors, lawyers and hospitals get paid. However, the surrogate mothers are expected to practise altruism without a single penny.
- It recommended allowing reasonable compensation over and above medical expenses and insurance coverage.
- Compensation should be commensurate with the lost wages for the duration of pregnancy, medical screening and psychological counselling of surrogate.
Experiences so far
- Transitioning from a primarily commercial arrangement that clinics and other intermediaries facilitated, to one where intending parents are to seek help from a willing woman to act as a surrogate, has not been smooth.
- There have been instances of arrangements going underground with reports of rackets being busted.
- Several of those who desire parenthood via surrogacy have struggled to find someone who would agree.
Conclusion: The experiences so far show the need for regulating fair compensation. While the legislative intervention has set these important issues aside, it remains to be seen whether the Supreme Court views the question of fairness in compensation as distinct from the narrow logic behind prohibition.
Editorial 2 : Weather Proofing
Context: Mission Mausam will need to evolve with changing climate science
Need for change in Weather Forecasting
- Extreme weather events have underscored the need to upgrade systems that forecast the ways of the elements.
- National Monsoon Mission, launched in 2012, did provide the country with an umbrella framework that can be tweaked to predict weather on multiple timescales.
- With climate change threatening to make weather even more chaotic in the coming years, greater precision in predicting heavy downpours, heat spells and sea-level changes is a major prerequisite in securing lives and livelihoods and preventing social and economic disruptions.
- The state of knowledge on cloudbursts and lightning is nascent.
Mission Mausam
- The Cabinet cleared the Rs 2,000-crore Mission Mausam which hones in on indigenous research on instruments that gauge atmospheric pressure, wind speeds and humidity.
- It will involve adding around 70 doppler radars, 10 wind profilers and 10 radiometers.
- The Mission could help the met department have a keen ear to the ground.
Evolving Policy
- The policy cannot have a fixed template: It will need to evolve with the likely unravelling of some of the complexities of climate science.
- In recent years, AI-aided research has shown promise in enhancing weather prediction at costs less than conventional computing power.
- Policymakers should not neglect to explore AI’s potential in making the country climate smart.
Challenges
- The challenge will be in balancing ambition with a realistic approach.
- The science and environmental effects of weather controlling mechanisms are not well understood and the jury on their cost-effectiveness and utility for large-scale operations is still out.
Climate Preparedness
- Weather prediction is a part of making country climate resilient.
- The cities, towns and rural areas needs to be ready for the erratic behaviour of the elements.
- It includes predicting landslides, floods, and shielding people from their cataclysmic effects.
- Climate preparedness will require urban and infrastructure planners to be sensitive to local socioeconomic conditions and ecology.
Conclusion: Coordination between agencies and experts in the vulnerable regions with Mission Mausam’s endeavours would provide a more robust approach in dealing with adverse weather situations.