Regulating Reproductive Technologies: A Blow to Inclusive Family Forms

The Assisted Reproductive Technology (Regulation) Bill, 2020 was tabled in the Lok Sabha in September 2020. It was referred to the department-related Parliamentary Standing Committee on Health and Family Welfare, which submitted its 129th report on the ART Bill, 2020 on 17 March 2021. This article critically engages with the recommendations of this report.

Attempts at regulating assisted reproductive technologies (ARTs), including one of its more controversial applications, namely surrogacy, are nearing fruition. Guidelines issued by the Indian Council of Medical Research in 2005 and subsequent bills on ART (2008, 2010, 2014) all covered ARTs, including surrogacy. However, in 2016, amidst growing concerns over women’s exploitation as surrogates and in light of a public interest litigation (PIL), namely Jayashree Wad v Union of India (WP [C] No 95/2015), filed before the Supreme Court to ban transnational commercial surrogacy, the government banned foreign commissioning parents from accessing surrogacy in India through administrative fiat. It announced a separate bill on surrogacy, extracting it out of the larger domain of ARTs.

Sneha Banerjee (snehabanerjee@uohyd.ac.in) teaches at the Department of Political Science, University of Hyderabad. Prabha Kotiswaran (prabha.kotiswaran@kcl.ac.uk) teaches law and social justice at the Dickson Poon School of Law, King’s College London, United Kingdom.

Schemes that offer zilch relief to workers

Domestic workers are amongst the most exploited in India’s unorganised sector. Performing poorly paid and laborious work with little recognition from their employers, who often refer to them as ‘help’, and with no benefits from the state, they have suffered immensely during the series of lockdowns. Many were not paid salaries, lost jobs or faced reduced incomes. Increased precarity has translated into food insecurity and inability to meet basic needs such as making payment for rent and and children’s education.

Amidst this, the announcement by the Karnataka government to disburse a one-time payment of Rs 2,000 to 11 categories of unorganised workers, including domestic workers, under the Seva Sindhu Scheme appeared to be a welcome move. The reality of its implementation has, however, been disastrous, making a mockery of the scheme’s intentions.

Social reproduction as method: pandemic neoliberalism, and reproductive crises of work, life and death

June 2021 – Dr Alessandra Mezzadri is a Senior Lecturer in Development Studies at SOAS and holds degrees in Economics from La Sapienza, Rome, and in Development Studies from SOAS

She writes and teaches on issues related to inequality and trade; global commodity chains and production networks; labour informality, informalisation and labour regimes; global labour standards, CSR and Modern Slavery; feminisms in development; gender and globalization; approaches to social reproduction and reproductive labour; and India’s political economy. Dr Mezzadri has actively engaged with international organizations and NGOs such as the ILO, ActionAid, Labour Behind the Label, War on Want, SEWA-India and Anti-Slavery International on issues related to gender and work, global labour standards, anti-sweatshop campaigning and tackling modern slavery.

SEMINAR SERIES: This social reproduction seminar series is part of the Laws of Social Reproduction project led by Prof. Prabha Kotiswaran, and based at King’s College London and IWWAGE Delhi.

Feminist scholars have long demonstrated the invisibility of women’s reproductive labour, with feminist economists striving to get international agencies and national governments to redraw the “production boundary” to ensure the recognition of women’s unpaid labour. Today mainstream international institutions acknowledge that women’s unpaid labour hinders their participation in the formal economy, particularly in the Global South. Nonetheless, there remains an absence of commitment from states and international institutions to such systemic reforms. Anchored in the context of India, our project thus conceptualises women’s reproductive labour to include unpaid domestic work, but also abject forms of labour performed by women outside of the institutional domain of marriage and for the market, namely, sex work, erotic dancing, commercial surrogacy and paid domestic work. Drawing on feminist legal theory and deploying methodologies ranging from doctrinal case law analysis to ethnographies of women’s labour markets, this project problematises law’s jurisdictional boundaries over women’s reproductive labour and critiques the varied, even contradictory, legal regulation of reproductive labour as well as the misguided law reform initiatives that undermine women’s economic agency. Given the current interest, nationally and internationally, in unpaid care work, our project offers a timely intervention by proposing a holistic understanding of reproductive labour and exploring prospects for an alternate regulatory matrix to further women’s economic justice.

For more information about the project or to join the network, please email Prabha.kotiswaran@kcl.ac.uk. The Laws of Social Reproduction project has received funding from the European Union’s Horizon 2020 research and innovation programme (under grant agreement No. 772946)

Universally Invisible: Domestic Workers in India

May 2021 – Avani Chokshi is an Advocate and a member of the Communist Party of India (Marxist-Leninist) Liberation.

SEMINAR SERIES: This social reproduction seminar series is part of the Laws of Social Reproduction project led by Prof. Prabha Kotiswaran, and based at King’s College London and IWWAGE Delhi.

Feminist scholars have long demonstrated the invisibility of women’s reproductive labour, with feminist economists striving to get international agencies and national governments to redraw the “production boundary” to ensure the recognition of women’s unpaid labour. Today mainstream international institutions acknowledge that women’s unpaid labour hinders their participation in the formal economy, particularly in the Global South. Nonetheless, there remains an absence of commitment from states and international institutions to such systemic reforms. Anchored in the context of India, our project thus conceptualises women’s reproductive labour to include unpaid domestic work, but also abject forms of labour performed by women outside of the institutional domain of marriage and for the market, namely, sex work, erotic dancing, commercial surrogacy and paid domestic work. Drawing on feminist legal theory and deploying methodologies ranging from doctrinal case law analysis to ethnographies of women’s labour markets, this project problematises law’s jurisdictional boundaries over women’s reproductive labour and critiques the varied, even contradictory, legal regulation of reproductive labour as well as the misguided law reform initiatives that undermine women’s economic agency. Given the current interest, nationally and internationally, in unpaid care work, our project offers a timely intervention by proposing a holistic understanding of reproductive labour and exploring prospects for an alternate regulatory matrix to further women’s economic justice.

For more information about the project or to join the network, please email Prabha.kotiswaran@kcl.ac.uk. The Laws of Social Reproduction project has received funding from the European Union’s Horizon 2020 research and innovation programme (under grant agreement No. 772946)

Marshall Plan for Moms: A Conversation with Reshma Saujani

April 2021 – Reshma Saujani, Founder and CEO of Girls Who Code.

Labouring Dance, Labouring Performance: Interdisciplinary Conversations on Erotic Dancing in India

July 2020 

Panel 1:  Historicizing Bar/Erotic Dancing in India 
Chair and moderator: Sutapa Majumdar, King’s College London, Dickson Poon School of Law Discussant:  Bishnupriya Dutt, Jawaharlal Nehru University, New Delhi 

Public Lecture :
Liminal spaces in Indian cities and the consumption of sexual entertainment in India today 

Panel 2:  Feminist Discourse and the Political Economy of Bar/Erotic Dancing

Chair and moderator: Shakthi Nataraj, King’s College London, Dickson Poon School of Law 
Discussant: Davesh Soneji, University of Pennsylvania
Sujata Gothoskar, Feminist Activists, Mumbai 
Meena Gopal, Tata Institute of Social Science, Mumbai 
Brahma Prakash, Jawaharlal Nehru University, New Delhi 
Anna Morcom, UCLA Herb Alpert School of Music 
Sandhya Gokhale, FAOW, Mumbai  

Panel 3: The Legalities of Bar Dancing 

Chair and moderator:  Sophy, K.J, Dickson Poon School of Law, King’s College London
Discussant: Prabha Kotiswaran, Dickson Poon School of Law, King’s College London 
Veena Gowda, Advocate, Mumbai High Court 
Sameena Dalwai, Jindal Global University, Sonipat, Haryana 
Katie Cruz, University of Bristol 
Kate Hardy, Leeds University 

Street, Footpath, Gated Community: Masculinity, Pornography and the Erotics of Tradition and Modernity

July 2020 – Public Lecture by Sanjay Srivastava 

This talk explores the relationship between urban spaces and the narratives of contemporary Indian pornography. The broader context of the discussion concerns relationships between new cultures of consumerism and space, changing class configurations, and narratives of sexual intimacy. In an earlier work, I have investigated the spatialized meanings inherent in what I referred to as ‘footpath pornography’: poorly produced and cheaply sold booklets available in most Indian cities. My concern with respect to the footpath pornography material was the circulation of meanings regarding intimacy that addressed the concerns and desires of the urban poor. In the present discussion, I position that concern alongside a different context, that of the sexual narratives that address the urban middle classes. In order to do this, I provide an ethnography of new spaces of residence and leisure which, though seemingly unconnected to sexuality, are, I suggest, vital to an understanding of contemporary sexual modernity. Through juxtaposing the footpath material with the internet based ‘Savita Bhabhi ’ (‘sister-in-law Savita’) comic, I explore the key differences in the manner in which notions of the ‘erotic’ play out across different registers of class and the ways in which ‘tradition’ and ‘modernity’ becomes sites of male desire. The discussion seeks to connect the economies of desire with varying political economies of the city so as to both sexualize political economy and politicize libidinal ones.

Precarious Pasts, Emancipatory Futures: Interdisciplinary Conversations on Sex Work in India

July 22 – 24 2020 

In July 2020, we at the Laws of Social Reproduction Project held a three-day interdisciplinary workshop on the state of sex work-related research and mobilisation in India. The workshop had an exciting range of panellists from activist, legal and academic backgrounds, and included panels on the state of the Indian sex workers’ movement, intersections of caste identity and sex work, the political economy of sex work, mobilisation and advocacy, and the challenges of countering anti-trafficking and neo-abolitionist organizations. 

Diverse Trajectories, Resilient Struggles: Taking Stock of the Indian Sex Workers’ Movement 

In the past decade, the question of sex workers’ rights in India has grown ever-more fraught, provoking  heated  debates  amongst  feminists  about  both  the  emancipatory  possibilities  and limits of recognizing sex work as “work”. Sex worker-led collectives (VAMP, DMSC, NNSW, and AINSW) and materialist feminists have long argued that sex work should be considered work, meriting greater legal protection and a recognition of women’s economic agency. They argue that millions of migrant workers, mostly women, find sex work to be a better livelihood option than other kinds of precarious labour. On the other hand, abolitionist groups in India such as Apne Aap Women Worldwide, Prajwala, and Shakthi Vahini are gaining ever-more influence, joined  by  global  anti-trafficking activists  and  governance  feminists  who conflate  all  sex  work with “modern slavery” and “trafficking”. Anti-caste activists and dalit feminists have offered a critical third perspective, arguing that when sex work is performed as a caste-based practice, legitimizing it as “work” might implicitly endorse caste domination.  

Paid Domestic Work as “Decent Work”: Inter-Disciplinary – Conversations in the Indian Context

18 – 20th August 2020 

Visibility and Value at Work First Annual Lecture on the Laws of Social Reproduction

18th August 2020 – Professor Kerry Rittich

Feminists have long troubled the status of reproductive work, arguing for the recognition of its value and the sharing of its burdens. International initiatives like the new ILO Domestic Workers’ Convention seek to de-exceptionalize domestic work by giving presence, voice and power to millions of ‘invisible’ workers, while support for unpaid work is now identified as a target of the Sustainable Development Goals. Yet the simultaneous endorsement of policies and practices of market entrepreneurialism, favoured to advance development and gender empowerment, risks intensifying distinctions between paid and unpaid workers, along with the economic and political inequality that travels with it.  

In this context, we need to shift our gaze to how differences between productive and reproductive work are made and maintained. Here, I discuss four ways to think about legal rules: as behavioural incentives; as devices to allocate resources, risks and powers; as tools to (re)shape the domains of home and work; and as norms that legitimate hierarchical social and economic arrangements. Examining law in this way reveals how the flow of risks and resources, burdens and benefits is organized across home and market and provides a window on the mechanisms by which productive and reproductive work are distinguished, shaped and valued. 

Making a wide range of economic as well as social laws and policies visible as part of the law of social reproduction, this legal analysis provides a bridge to the work of activists and scholars in other disciplines and helps identify perils and chart future possibilities for those engaged simultaneously in unpaid and market work.

Please find the Domestic Work Report based on this event here:

Troubling Gifts: Revisiting the Indian ART and Surrogacy Bills

October 2020 

Speaker:

Since the 1970s, assisted reproductive technologies (ART) have offered a unique opportunity for millions of infertile individuals and couples around the world to complete their families. However, ART and related processes like surrogacy give rise to a range of legal and ethical issues that require thoughtful consideration particularly by policy makers. Although proposed legislation has been on the anvil for more than 15 years now, the Indian regulatory framework on ARTs and surrogacy consists of a patchwork of laws and regulations which fails to protect the most vulnerable actors in the ART sector. Medical guidelines issued by the Indian Council for Medical Research in 2005 were fairly liberal but subsequent laws like the ART Bills, 2008, 2010, 2013 and 2014 have become progressively limited and exclusionary. These legislative processes now appear to be culminating with the imminent passage of the Surrogacy (Regulation) Bill, 2019, which is currently pending before the Rajya Sabha after having been reviewed by two parliamentary committees.