Introduction
It is the basic right of every human being able to reproduce and have essential basic facilities like healthcare and technology to transform and advance reproductive rights. In country like India and at a global level the reproductive rights of woman and her rights to healthcare is becoming a rising ethical and security issue that needs to be addressed erstwhile.
Artificial Reproduction
Firstly IVF- In Vitro Fertilization which is one of the emerging modes of reproduction in the 20th century is a process where medication and surgical process is combined to fertilize the eggs and implant them through technology into a woman’s uterus. 5 million infants around the world are born through the process of IVF every year. But one of the fundamental problems for the process to be completed adopted in India is there are no particular laws governing the procedure while still making it legal practise in India.
While initially 20 years ago when the history of IVF first began, it was only a procedure recommended to couples who could not conceive naturally, but gradually over the period of time the fundamental intention of IVF is being shifted from providing reproductive facility to commercialising the said commodity. Individuals opting for the process of IVF are doing so to genetically modify the sperm to eliminate a genetically related disease which goes completely against the laws of nature.
Legal and Ethical Issues related to artificial reproduction
IVF raises significant legal and ethical concerns that need attention:
Defining the Ethical Treatment of Pre-Embryos: IVF often results in the creation of surplus embryos, leading to dilemmas regarding their fate. If embryos are considered individuals, their destruction becomes an ethical issue. Balancing the rights of embryos with the interests of humans is a complex matter that remains a topic of debate.
Potential Defects in Offspring: IVF’s multi-stage process can lead to concerns about safety and the potential for offspring to have lower birth weights or genetic disorders. Ensuring that parents have access to adequate insurance for addressing any defects or complications arising from IVF is essential.
The Case of Frozen Embryos: The fate of frozen embryos in the event of divorce or the death of the couple raises numerous ethical and legal concerns. Establishing clear guidelines for embryo storage and usage is vital.
Rights of Children Born Through IVF: Protecting the rights of children born through IVF is crucial. Various countries have established different laws to address these concerns, ensuring that such children enjoy the same rights as naturally conceived children.[1]
Additional to these concerns there are other issues related to the said facility where privacy being one of the fundamental issues of both the conceiving parents and the unborn child along with the accessibility of the said technology among woman of all socio-economic spectrum of the land.
Constitutional provision
Firstly, the fundamental right to equality and equal protection as provided in art 14 of the Indian constitution and its anti-discriminatory nature in relation to reproductive and healthcare rights can be challenged on the grounds that any regulations imposed for the practise of the said commodity.
Secondly article 19 which provides for the right to trade and commerce further provides the liberty to the medical practitioners to commercials the said practise of artificial reproduction although as per art 21 the right to health comes under the right to life and liberty. Additionally, Art 21 also opens pandora of rights primarily the choice and access to health care. But a number of issues lie in the said provision, the concerns being the free consent of the woman to protecting confidentiality of the of the reproductive decisions.
Decided cases
In case of Suchita Srivastava v. Chandigarh Administration the issues related to safe abortion and other reproductive rights were discussed. The Supreme Court of India held that a woman’s reproductive choices and decisions regarding abortion are protected under the fundamental right to privacy.
Even in the case of National Legal Services Authority v. Union of India Transgenders rights to reproductive rights were emphasised the right to safe reproductive methods across all genders of the spectrum were the highlight of the case.
Conclusion
To conclude, although India is growing and advancing rapidly in technology in all fields of medical science, it is a boon to many but a bane to some. India urgently needs rules and guidelines to regulate artificial reproduction and practise safe pregnancy while upholding the rights to privacy, consent and freedom to chose of woman. India needs expert research to address the concerns relating to the ethical and moral concerns of artificial reproduction.
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Written by- Namitha Ramesh
[1] https://www.linkedin.com/pulse/ivf-india-legal-ethical-dimensions-legaledge-law-school-aqxjf/
