Assisted Reproductive Technology (Regulation) Act, 2021: Progressive or Regressive
The Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act) in India can be seen as both progressive and regressive, depending on the perspective. Here’s a balanced analysis:
🔷 Progressive Aspects of the ART Act, 2021
1. Regulation of ART Clinics and Banks
Brings standardization and accountability to the rapidly growing ART industry.
Prevents exploitation of vulnerable women and couples.
Clinics must be registered and follow ethical guidelines.
2. Protection for Donors and Surrogates
Prohibits the sale of gametes and embryos.
Mandates proper consent and medical insurance for donors.
Bans unethical practices like sex-selective ART procedures.
3. Child’s Rights
Ensures that children born through ART have the same legal rights as biological children.
Legal parentage is established clearly to protect the child’s identity and rights.
4. Prevention of Exploitation
Aims to protect poor and illiterate women from being misled into donating eggs or acting as surrogates without informed consent.
🔻 Regressive Aspects of the ART Act, 2021
1. Exclusion of Certain Groups
Access to ART is limited to married heterosexual couples and single women (widow/divorcee).
Unmarried couples, same-sex couples, and LGBTQ+ individuals are excluded, raising concerns about equality and discrimination.
2. Heavy Bureaucratic Control
Registration and compliance requirements may create hurdles for smaller clinics.
The process is often centralized and bureaucratic, which can delay services.
3. Lack of Clarity and Overlap
Overlaps with the Surrogacy (Regulation) Act, 2021, leading to confusion in enforcement.
Certain terms and procedures are not clearly defined, which can cause legal ambiguity.
4. Limited Autonomy
Limits the reproductive choices of individuals, particularly those who are not in traditional marital relationships.
Critics argue that the state is controlling private reproductive decisions, which can violate bodily autonomy.
🔍 Conclusion: Progressive or Regressive?
✅ Progressive in terms of standardization, safety, and legal protection.
❌ Regressive in terms of individual rights, inclusivity, and autonomy.
🔁 Balanced View:
“The ART Act, 2021 is a necessary regulation to bring ethical control to a largely unregulated field, but it falls short of being truly inclusive and rights-based, especially in a modern democratic society.”
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