Surrogacy in India

The NGO SATYA was established with an objective to serve the humanity especially children and women in India. The organization is headed by Dr. Sanjay Agarwal who had himself been a veteran journalist and media researcher and as such remained associated with the brand name India Today back home in India and conducted several surveys across the country with authenticity and scientific study. Persuaded with his deep skills and knowledge gained in the field work Dr. Sanjay decided to wrok dedicatedly for the upliftment of the poor and downtrodden section of society back home in India with special emphasis of the basic human rights and civil rights of women, destitute and children including abandoned child, giving fosterage home to new born kids left on road side, juveniles in conflict with law etc.
In his mission to achieve the basic human need and values for society the NGO also remained actively associated with various government agencies working on scientific modes of solid waste disposal to preserver the ecology and the NGO under the eminent leadership of Dr. Sanjay Agarwal is one of the top facility center for solid waste disposal and its customized structural designing for eradication and disposal of solid waste based on the need of various organizations both Government, Private and Defense institutes of the Country in India.
The NGO Stay and Dr. Sanjay in year 2008 took up the case of Baby Manjhi Yamada a child born from surrogacy by Japanese father and rented womb of Indian surrogate mother in India -as a TEST CASE for the country to create awareness among the masses, media and stake holders for need of law on surrogacy in India. In the absence of surrogacy laws in India, foreigners with the support of medical lobbies used to get the child (surrogate child) by monitory transactions.
However, in the absence of raising such issues no efforts were made related to surrogacy law by the government. On August 9, 2008, Dr. Sanjay Agarwal filed a writ petition on Commercial Surrogacy in the Honorable Rajasthan High Court under the banner of the NIDS-SATYA via the Test case of Surrogate Baby Manji as a means to bring laws on commercial surrogacy in India.In the absence of such laws, the Government of India had to use diplomatic channels for traveling of Baby Manjhi and the Supreme Court decided that unless a concrete law is enacted upon, the child issue can be dealt by Child Rights Commission of India till she units with father in Japan. The Test case raised serious question of law and urgent need of codification of law on surrogacy in India. Since Dr. Sanjay Agarwal was not a supporter of commercial surrogacy, Dr. Sanjay Agarwal and his team continued their struggle on various platforms that resulted in mass awareness and with support of media both national and international a debate was created on pros and cons of surrogacy resulting into Law commission taking up the issue in year 2009.  On the other hand, the medical lobby was creating pressure on the Government to bring the ART bill and validating surrogacy as there was involvement of a large amount of money in commercial surrogacy without considering the risk on the health and basic human rights of women. The struggle that NIDS-SATYA and Dr. Sanjay Agarwal along with strong legal advisor Dr Abhinav Sharma continued in order to bring laws against commercial surrogacy which now became a milestone in the country and example for all the people.
Since there was a nationwide pressure against commercial surrogacy for opening medical tourism for foreigners, a government notification in the year 2015 first foundation stone was laid by none other than the never before Union government lead by Hon’ble he Prime Minister Mr Narendra Modi in India. On one side, going through a complex period of time from 2016 to 2019 and the unavailability of dates in the upper house of 16th Lok Sabha, the bill failed to see the daylight. On the other side, during the same period, a wave against commercial surrogacy had started across the country.
Finally in 2016 the surrogacy bill has now again been approved by the Union Cabinet again lead by popular Hon’ble Prime Minister Narendra Modi. NIDS SATYA expresses her gratitude to our Hon’ble Prime Minister Shri Narendra Modi for the approval of the Surrogacy Bill. NIDS-SATYA has resolved to celebrate every year 3rd July as a holy festival in the form of a Victory Day for women rights in this Country and will pledge to create mass awareness among women and stakeholders to give due publicity of the law and it’s consequences.
Finally, under the chairmanship of our Hon’ble The Prime Minister Shri Narendra Modi, the Surrogacy Bill received Cabinet’s approval on 3rd July 2019. The entire country is indebted for the giant leap into a great area of Law that will prove a boon for women of entire nation against their exploration on one hand and allowing a way to see new life playing in laps of those who had lost all hopes of upbringing their own progeny due to medical sickness.
SATYA is fully committed and resolved to keep the mission going. It is the first time in the Indian legal history that such a great step has been taken. This has brought India in row of the few countries of the world that have enacted a codified law on the subject of Surrogacy. The need of the hour is to have an INTERNATIONAL movement for banning commercial surrogacy across the Globe as the same is still valid in some nations including US (claifornia), Keneya etc where the range of commercial surrogacy is from 7,00,00 USD to 15,00,000 USD and even higher for a better genetic trait. Such a use of science is nothing but a crime against humanity. The women age group involved across the globe in such a commercial surrogacy is roughly reported to be between 25-50 years of age and most of them have delivered a surrogate from two to three times in their life span. Such a misuse of the human body of women is atrocious and no civic society can approve such a inhuman treatment of women in this century still the women are being treated as Chattel in this male dominated Global community which is a relic of ancient past of uncivilized society and thus SATYA seeks your help to spread the message to ban commercial surrogacy all together.

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