Assignment Code: MWG-004/AST/TMA-2022

Course Code: MWG-004

Assignment Name: Gendered Bodies and Sexualities

Year: 2022-2023

Verification Status: Verified by Professor

(Part I: Total marks 80, 40 marks each answer)

Part I: Attempt any two of the following questions and each answer not less than 1000 words.

Q.1. Critically discuss the Surrogacy (Regulation) Bill 2019 in the context of gendered bodies. Use news paper articles, journal articles and research papers to substantiate your answer.

Ans) The Ministry of Health and Family Welfare introduced The Surrogacy (Regulation) Bill, 2019 on July 15, 2019, in the Lok Sabha. The Act, when enacted, would extend to the whole of India except the region of Jammu and Kashmir. This bill was introduced to regulate the practice of surrogacy for the benefit of the surrogate mothers who are exploited in this ‘rent a womb’ business. The government identifies the issue with commercial surrogacy which is characterized as a practice of renting the womb on the promise of monetary benefits exceeding medical expenses.

Section 4(ii) of the Bill has provided with the conditions exclusively under which the surrogacy is permitted in India:

1. The intending couple who wish to practice surrogacy must suffer from proven infertility through medical reports.

2. Only altruistic surrogacy to be permitted which is for genuine help of intending couples without any monetary return except for the medical expenses.

3. It restricts commercial surrogacy which is practiced by surrogate mothers for the purposes of monetary returns.

4. The children born out of surrogacy must not be subjected to any sort of exploitation, prostitution or sale to other persons.

5. The couple suffers from any disease or condition as specified under regulation.

Section 4(iii)(a) of the Bill states that eligibility criteria for the intending couple has been established under the bill for them to undergo surrogacy. The couple needs to gather a ‘certificate of essentiality’ and a ‘certificate of eligibility’.

Certificate of essentiality is obtained by the intending couple on the fulfilment of certain conditions:

1. Certificate of proven infertility of the couple issued by District Medical Board

2. Custody of the child passed to the couple by Magistrate Court

3. 16 months of insurance to maintain the surrogate mother for her medical expenses which include healing procedures.

Certificate of eligibility is issued on the fulfilment of other set of requirements:

1. The couple is to be of Indian nationality

2. The couple is to be married for at least 5 years

3. The wife should be between 23 to 50 years and the husband should be between 26 to 55 years.

4. The couple does not have any other surviving child through adoption, surrogacy or biologically unless the child is mentally or physically challenged. Any child suffering from any life threatening disorder or disease is excluded from this condition.

5. Any other condition specified by the regulations

Section 4(iii)(b) of the Bill states that certification of eligibility by appropriate authority is required by the surrogate mother under fulfilment of the following conditions placed by the bill:

1. The surrogate has to be a close relative of the couple;

2. The surrogate mother must be a married woman who has a child of her own;

3. The woman shall be 25 to 35 years old;

4. Only once in a lifetime a woman can be a surrogate;

5. Certificate of physical and psychological fitness for surrogacy.

Chapter V of the Bill advocates for the establishment of National and State Surrogacy Boards by the Central and State Governments.

These National Surrogacy Boards are constituted under Section 14 of the Bill, provided with the task of advising the Central government on the matters related to surrogacy, laying down guidelines of accepted conduct of surrogacy clinics, and supervising the work of State Surrogacy Boards.

Under Section 23 of the Bill, the State Surrogacy Boards have functions to review the authorities concerned with surrogacy matters and recommend action against them, to monitor implementation of the Act in states, and to send all the reports as to activities undertaken by the state to the National Surrogacy Board.

In Chapter VII of the Bill, the offences have been identified under this bill and penalties prescribed for commission of such offences.

Involvement in commercial surrogacy through advertising or practicing, exploitation of the surrogate mother in any manner whatsoever, abandoning or exploiting a surrogate child by the couple, and selling or buying the embryo or gametes for surrogacy are the offences under this Act. Every offence under this Act is cognisable, non-bailable, and non-compoundable.

The punishment for commission of these offences is imprisonment for 10 years and a fine up to 10 lakh rupees.

The Surrogacy (Regulation) Bill, 2019 has been passed in Lok Sabha but is currently pending in the Rajya Sabha. The Ministry of Health and Family Welfare introduced the Bill to support the intending couples along with the surrogate mothers while placing certain reasonable restrictions on the practice of surrogacy.

The commercial surrogacy that was prevalent in the past was a practice that was taken advantage of by the intending couple to obtain the surrogate child by renting a womb on a commercial basis. The foreign nationals would visit India to undergo commercial surrogacy with the overall cost of the whole procedure of surrogacy is lower here than any other country, also the availability of surrogate mothers in need of monetary benefits in return of their womb is high in India making it a hub for foreign infertile couples. The legality of commercial surrogacy in India allows the couples from countries with opposite treatment to surrogacy, to travel to India and undergo surrogacy.

The mandatory condition of the intending couple to be of Indian nationality with 5 years of legal marriage eligible to undergo surrogacy procedure has protected the practice from being exploited. The ethical altruistic surrogacy from related persons that are allowed under this Bill, would prevent the oppression of ‘rent a womb’ industry by affluent families. The surrogacy clinics have been reported of mistreatment to the intending couple or the surrogate mother due to lack of legislation in the matter, which would be resolved with the enactment of the said Bill. The unethical activities of selling or forcing the surrogate child into prostitution to earn has been banned by the provisions of the bill, as it violates the right to a dignified life of the child under Article 21 of the Constitution of India.

The bill has faced criticism from all corners with its restrictive approach in matters of surrogacy. The specific clauses regarding the age limit permissible for the intending couple or the surrogate mother, ban on commercial surrogacy, only heterosexual couples with 5 years of marriage are allowed to undergo surrogacy, have been in contravention with the Fundamental Rights. The government has the power to impose reasonable restrictions on the Fundamental Rights but the restrictions placed in this bill have gone beyond such permissible limits. The usage of terms like ‘close relatives’ without any clear distinction as to the proximity of which relations would be taken into consideration. The lack of clarity on some issues has rendered the Bill ineffective.

Q.2. How do violence and gender bodies relate with each other? Crtically analyse.

Ans) Any act of gender-based violence that results or is likely to result in physical, sexual, psychological harm or suffering to women including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life (Article 1 of the ‘United Nations Declaration on the Elimination of Violence Against Women’ and endorsed by the ‘Beijing Declaration and Platform for Action’).

Under-based violence is violence that targets an individual or a group of individuals based on their gender, which results in physical, sexual, or psychological harm. It is rooted in gender inequality, the abuse of power, and oppressive gender norms. Gender-based violence is a serious violation of human rights and is an issue that threatens health, life, protection, and socio-political security of individuals. In most cases, gender-based violence disproportionately affects women and other gender minorities.

Gender-based violence is not just limited to physical violence but encompasses everything from dowry deaths, honour killing, trafficking, domestic violence, intimate partner violence, sexual and emotional abuse, online abuse, child abuse, and caste-based violence among others. According to data by the United Nations, it is estimated that 1 in 3 women experience sexual or physical violence in their lifetime.

At the workplace, gender-based violence can take the form of women being forced to work in an intimidating, hostile environment, being exposed to inappropriate jokes and comments, unwanted physical contact, as well as various unwelcome forms of sexual conduct. Even though workplaces are mandated to have an Internal Complaints Committee, the implementation of the law on the ground is poor and there is often no accountability on the part of the government or the administration to ensure that all workplaces implement the Sexual Harassment of Women at Workplace

Home is not a safe space for all. For some people, home can become the manifestation of the worst. Gender-based violence within the home setting can take different forms with multiple power dynamics operating at the same time. From child sexual abuse, sibling abuse, and emotional abuse by parents perpetrated on the girl child to domestic violence, dowry-related violence, and intimate partner violence, all these manifestations are different forms of gender-based violence at home.  The risk of violence within the home is also often normalised because rigid concepts of gender in the family structure are further encouraged in a patriarchal society. Globally, 1 in 3 women experience physical and/or sexual violence in their lifetime, mostly by an intimate partner. This includes physical aggression, sexual coercion, gaslighting, psychological abuse, and various kinds of manipulative, controlling behaviours.

Women and members of the LGBTQIA+ community around the world are disproportionately impacted by gender-based violence including sexual harassment and assault at the workplace. Gender-based violence is also prevalent in universities and colleges across the globe. At the university, it includes bullying, harassment, sexual abuse, stalking, as well as the coercive and controlling behaviour of professors who are in positions of power.

At the workplace, gender-based violence can take the form of women being forced to work in an intimidating, hostile environment, being exposed to inappropriate jokes and comments, unwanted physical contact, as well as various unwelcome forms of sexual conduct. Even though workplaces are mandated to have an Internal Complaints Committee, the implementation of the law on the ground is poor and there is often no accountability on the part of the government or the administration to ensure that all workplaces implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH)properly and diligently.

We cannot ignore the relationship between violence and the intersectional identities of individuals while talking about gender-based violence. Caste, class, gender identity, sexual orientation, ethnicity, religion, skin colour, and disability, all play a key role in the perpetration of violence against individuals. The survivors operate under intersecting oppressions, not just on account of their gender but also other socio-economic marginalising factors. All of this affects one’s exposure to and experiences of violence.

Sexual harassment and various forms of sexual violence in public spaces, both in urban and rural settings, are an everyday occurrence for women and girls in every country around the world. From unwelcome sexual remarks and gestures to stalking, rape and femicide, this is a lived reality for women. It happens on the streets, in and around public transportation and at almost every public place. What this in turn does is reduce women’s freedom of movement and feeling of safety, becoming a psychological and physical barrier for them to exercise personal autonomy and freedom of mobility.

I n this 21st century digital world that we live in, our online and offline worlds are more integrated than ever. Therefore, gender-based violence manifests in digital spaces in a massive way. Stalking and sexual harassment are now done with the help of digital tools, such as social media and GPS to target women and gender minorities.  Digital tools have also made it easier for the non-consensual creation of derogatory sexual images through artificial intelligence. Furthermore, discrimination, hate speech and cyberbullying are serious forms of online gender-based violence. In a survey carried out by Plan International, 58 per cent of young women have said that they experienced online harassment, with half saying they faced more harassment online than on the street. The anonymity and easy access of the internet has made gender-based violence in cyber spaces a frequent, pressing issue.

We cannot ignore the relationship between violence and the intersectional identities of individuals while talking about gender-based violence. Caste, class, gender identity, sexual orientation, ethnicity, religion, skin colour, and disability, all play a key role in the perpetration of violence against individuals. The survivors operate under intersecting oppressions, not just on account of their gender but also other socio-economic marginalising factors. All of this affects one’s exposure to and experiences of violence.

Ending gender-based violence will involve action at all levels: challenging social norms, creating awareness, proactive media representation, supporting the survivors of gender-based violence, strengthening legislation to criminalise violence, and prosecuting the perpetrators without delay. We as a society need to take accountability and comprehensively address gender-based violence to ensure that it is recognised, remedied and people of all genders find a safe environment to exist and thrive.

(Part II: 10 X 2= 20 marks)

Q.2. Briefly discuss any two of the following. Minimum 300 words for each response.

a. Androgyny

Ans) There are many ways to use and understand the word "androgyny." Here, the focus is on how the hijra can help us understand the idea of androgyny. Most of you would know what the word "hijras" means. People who are androgynous or transsexual are a big part of our social and cultural life. In India, both old and new movies have shown how the culture of the androgynous body is shaped by the hijra communities. In the new movie Welcome to Sajanpur, the main character, Muni Bai, is a hijra who faces political exclusion while running for local office. In her letter to the collector of the district, she talks about her "feeling of social apathy," and she asks people to change how they treat the Hijra communities. In movies, religious texts, and other parts of culture, hijra communities are shown in different ways that explain their limited role in society.

The word "hijra" comes from the Urdu word "ezra," which means "wanderer" or "nomad." This is because the people in this community lived as nomads. Hijra or ezra can be easily translated into English words like "eunuchs" or "hermophrodites." In the past, they were called kinnars, but later, in different parts of India, they were called things like khasuaa, khasaraa, or jankha. In Bangla, they are called Napungshok, in Telegu, napunsakudu, or kojja, or maada. In Tamil Nadu, they are called Thiru nangai, Ali, aravanni, aravani, or aruvani.  Most of the time, when we think about a body, we divide it into two groups and don't think about the people who are in between. In her book Neither Man Nor Woman: The Hijras of India, Serena Nanda says that we all tend to only understand the body in terms of what we know about it. Conventional heteronormative descriptions of the body make it easy to think of the androgynous body as a "wrong body," and there is always a heteronormative desire to name the body as either a woman or a man.

b. Myth

Ans) Myth is a type of folklore that is made up of stories that are very important to a society, like founding stories or origin stories. Since the word "myth" is often used to mean that a storey is not true, calling a storey a myth can be a very controversial thing to do. Many people who follow religions see the stories of their own religions as true, so they don't like it when those stories are called myths, like the stories of other religions. So, some scholars call all religious stories "myths" for practical reasons, such as to avoid putting down any one tradition because different cultures see things differently. Some scholars don't use the word "myth" at all. Instead, they use terms like "sacred history," "holy storey," or just "history" to avoid making sacred stories sound bad.

Myths are often supported by both secular and religious leaders, and they are often connected to religion or spirituality in some way. In many cultures, myths, legends, and history are all mixed together. Myths and legends are often seen as true accounts of the past. Especially, creation myths take place in a time when the world was very different from how it is now. Other myths explain how a society's traditions, institutions, and taboos came to be. Myths being told and rituals being done are connected in a lot of different ways.

Most of the time, the main characters in myths are not human. They might be gods, demigods, or other supernatural beings. Others include people, animals, or a mix of both when they talk about myths. Legends, not myths, usually have stories about regular people, even if they are about leaders of some kind. Myths are sometimes different from legends because they are about gods, usually aren't based on real events, and take place in a world that is very different from the present.