Beyond Kinship: Family Structures in India

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Questions and Answers

What core concept has the Supreme Court recognized as essential to autonomy and privacy?

The right to community

The right to intimacy (correct)

The right to property

The right to marriage

Which values do the Transgender Persons (Protection of Rights) Bill and the Surrogacy Regulation Bill reinforce according to the authors?

Modernization and global family models

Casteist and heteronormative values (correct)

Transgender rights and equality

Inclusive and diverse family structures

What is the primary criticism made by the authors regarding the understanding of family in recent legislation?

It fails to support feminist ideologies.

It exclusively recognizes marriage, blood, or adoption. (correct)

It overlooks international family models.

It promotes single parent households.

What approach do the authors suggest should be adopted in regulating personal relationships?

A more functional approach Signup and view all the answers

What issue is raised regarding the passage of the Transgender Persons (Protection of Rights) Bill?

It was passed without adequate deliberation. Signup and view all the answers

What do the authors argue needs reevaluation in the legislation concerning interpersonal relationships?

The recognition of marriage as the sole relationship Signup and view all the answers

Which form of family do the authors emphasize as overlooked in current legislation?

Chosen families and intimacies Signup and view all the answers

Who are the authors of the article discussing families beyond kinship and marriage?

Human rights activists Signup and view all the answers

What is one requirement for a couple to be eligible for commissioning surrogacy?

They must be infertile. Signup and view all the answers

What criticism has been directed at the Transgender Persons (Protection of Rights) Bill, 2019?

It mandates sex-reassignment surgery for legal identification. Signup and view all the answers

Why is the requirement for the surrogate mother to be a close relative considered problematic?

It reinforces casteist notions of family purity. Signup and view all the answers

Which provision in the bill has raised significant concern regarding the autonomy of transgender persons?

The mandatory rehabilitation center for displaced individuals. Signup and view all the answers

Which groups are criminalized by the surrogacy bill?

Single men, women, and same-sex couples. Signup and view all the answers

What does section 2 (c) of the bill specify regarding family?

It defines family based solely on blood, marriage, or adoption. Signup and view all the answers

What aspect of rights is violated by the restrictions in the surrogacy bill?

The right to reproductive autonomy. Signup and view all the answers

Which aspect of the bill is seen as a violation of the NALSA judgment guidelines?

The requirement for undergoing sex-reassignment surgery. Signup and view all the answers

How does the legal regime in India view relationships outside of marriage?

They have limited visibility and rights. Signup and view all the answers

What emotional response does the community associate with the series of bills introduced in 2016 and 2018?

Disappointment and concern for future rights. Signup and view all the answers

What is a key feature of the Protection of Women against Domestic Violence Act, 2005 (PWDVA)?

It acknowledges live-in relationships but limits them to heterosexual couples. Signup and view all the answers

What is a consequence of the surrogacy bill's focus on heterosexual couples?

It disregards non-normative family instances. Signup and view all the answers

How does the bill address violence against transgender persons?

It reduces the severity of punishments for such acts. Signup and view all the answers

What do members of the community feel about the government's approach in the 2019 bill?

It demonstrates neglect and a lack of empathy. Signup and view all the answers

What does the bill's restriction on surrogate mothers imply about family values?

It upholds traditional notions of family and relationships. Signup and view all the answers

What is one of the main arguments against the bill according to vocal community members?

It does not adequately represent the needs of the Hijra community. Signup and view all the answers

What percentage of all Indian households are headed by single mothers according to a 2019 report?

4.5% Signup and view all the answers

Which organization released a statement on the Transgender Persons (Protection of Rights) Bill in 2019?

Sampoorna Working Group Signup and view all the answers

In which publication did Chinky Sinha discuss the importance of hijra culture in 2019?

India Today Signup and view all the answers

What does the Surrogacy (Regulation) Bill, which was discussed in the 102nd report by the Parliamentary Standing Committee, primarily address?

Regulations on surrogacy practices Signup and view all the answers

Who authored 'Love’s Rite: Same Sex Marriage in India and the West'?

Ruth Vanita Signup and view all the answers

What is one proposed legal mechanism for representing individuals who are not married by law?

Allowing individuals to nominate a legal representative Signup and view all the answers

What kind of relationships do the laws in Canada, Tasmania, and Hawaii recognize?

Both romantic and non-romantic caring relationships Signup and view all the answers

Under the Mental Healthcare Act, 2017, who can be a nominated representative?

Any competent adult who is not a minor Signup and view all the answers

Why is the concept of legal representation for unmarried individuals gaining attention?

Due to the decrease in marriage rates globally Signup and view all the answers

What aspect do the proposed legal guidelines emphasize for individuals designating representatives?

The ability to register through affidavits Signup and view all the answers

Which group was consulted in relation to the Uniform Civil Code regarding legal representatives?

Lesbian, bisexual and trans women Signup and view all the answers

What is the primary focus of the legal alternatives discussed for family recognition?

Both emotional and economic interdependencies Signup and view all the answers

What is a notable principle emphasized by the Mental Healthcare Act, 2017 regarding representation?

Individuals have autonomy in choosing representatives Signup and view all the answers

What is a central theme of Akshat Agarwal, Diksha Sanyal, and Namrata Mukherjee's work?

LGBT+ inclusivity in Indian laws Signup and view all the answers

Which publication critiques the Transgender Persons (Protection of Rights) Bill, 2018?

The Transgender Persons (Protection of Rights) Bill, 2018: A Tale of Reneged Promises Signup and view all the answers

Simon Duncan and colleagues examine which kind of living arrangements?

Living apart together Signup and view all the answers

Which author wrote about the implications of privacy concerning reproductive rights?

Arijeet Ghosh Signup and view all the answers

What critical perspective does Nicola Barker provide in her work?

Analysis of same-sex marriage Signup and view all the answers

What unique aspect of family is explored in Alan Mirabelli’s work?

Diversity in family definitions Signup and view all the answers

Which work discusses the challenges of the Surrogacy (Regulation) Bill?

Explainer: Everything That is Wrong with the Surrogacy (Regulation) Bill Signup and view all the answers

What does Bina Fernandez’s work focus on?

Sexual orientation rights Signup and view all the answers

Study Notes

### Autonomy and Privacy

The Supreme Court of India has recognized the right to privacy as essential to autonomy.

Transgender Persons (Protection of Rights) Bill and the Surrogacy Regulation Bill

The authors argue that the Transgender Persons (Protection of Rights) Bill and the Surrogacy Regulation Bill reinforce traditional notions of family based on marriage and kinship.

### Criticism of the Legislation

The authors criticize the recent legislation for its narrow understanding of family, focusing on heterosexual married couples and excluding other forms of families.

### Proposed Approach to Regulating Personal Relationships

The authors suggest that a broader approach should be adopted to regulate personal relationships that acknowledges and respects the diversity of family structures.

### Issues Raised by the Transgender Persons (Protection of Rights) Bill

The passage of the Transgender Persons (Protection of Rights) Bill has raised concerns about the autonomy of transgender individuals due to its restrictions on their rights.

### Re-evaluation of Legislation

The authors argue that the legislation concerning interpersonal relationships needs reevaluation to move away from traditional notions of family and adopt a more inclusive definition.

### Overlooked Family Structures

The authors emphasize the need to recognize and protect the rights of families beyond kinship and marriage, particularly in the context of surrogacy and transgender rights.

### Authors of the Article

Akshat Agarwal, Diksha Sanyal, and Namrata Mukherjee are the authors of the article discussing families beyond kinship and marriage.

### Surrogacy Eligibility

For a couple to be eligible for commissioning surrogacy, they must be a married heterosexual couple.

### Criticism of the Transgender Persons (Protection of Rights) Bill, 2019

The Transgender Persons (Protection of Rights) Bill, 2019, has been criticized for its restrictive provisions and its failure to address the concerns of the transgender community.

### Problematic Requirement in the Surrogacy Bill

The requirement that the surrogate mother be a close relative is considered problematic because it limits access to surrogacy for those who do not have family members willing to help.

### Violation of Autonomy

The Transgender Persons (Protection of Rights) Bill’s provision requiring transgender individuals to seek a "certificate" before undergoing gender affirmation surgery has raised serious concerns about their autonomy.

### Criminalization in the Surrogacy Bill

The surrogacy bill criminalizes surrogacy for single parents, LGBTQ+ couples, and foreign nationals.

### Definition of Family

Section 2 (c) of the bill defines family as "only the spouse, children, parents, or siblings of a person" which excludes other forms of family.

### Violation of Rights

The restrictions in the surrogacy bill violate the right to equality, autonomy, and reproductive rights.

### NALSA Judgment Guidelines

The bill violates the NALSA judgment guidelines by reinforcing discriminatory practices and excluding individuals from accessing surrogacy based on marital status and sexual orientation.

### Legal View of Relationships Outside of Marriage

The current legal regime in India views relationships outside of marriage as unacknowledged, often leading to discrimination and lack of legal protection.

### Community Response to the Bills

The community associates the series of bills introduced in 2016 and 2018 with a sense of disappointment and anger due to their exclusionary nature.

### Protection of Women against Domestic Violence Act, 2005 (PWDVA)

The Protection of Women against Domestic Violence Act, 2005 (PWDVA) is a key legal framework that extends protection to individuals in family relationships.

### Consequences of the Surrogacy Bill's Focus

The surrogacy bill's exclusive focus on heterosexual couples excludes other forms of family and reinforces heterosexual privilege.

### Addressing Violence Against Transgender Persons

The bill fails to adequately address violence against transgender persons and does not provide any robust legal protection.

### Community Perspective on the 2019 Bill

Members of the community feel that the government’s approach in the 2019 bill is discriminatory, exclusionary, and does not represent the needs of the transgender community.

### Implication of the Bill's Restriction on Surrogacy

The bill's restriction on surrogate mothers, requiring them to be close relatives, reflects conservative notions of family values and undermines the autonomy of women who may choose surrogacy.

### Argument Against the Surrogacy Bill

A main argument against the surrogacy bill according to vocal community members is that it discriminates against LGBTQ+ couples and single parents and reinforces traditional notions of family.

### Single Mothers in India

According to a 2019 report, approximately 12% of all Indian households are headed by single mothers.

### Statement on the Transgender Persons (Protection of Rights) Bill

In 2019, the National Human Rights Commission (NHRC) released a statement expressing concern about the discriminatory and exclusionary provisions of the Transgender Persons (Protection of Rights) Bill.

### Importance of Hijra Culture

In a 2019 publication, Chinky Sinha discussed the importance of hijra culture in India and the need to recognize and protect their rights.

### Focus of the Surrogacy (Regulation) Bill

The Surrogacy (Regulation) Bill, discussed in the 102nd report by the Parliamentary Standing Committee, primarily addresses regulating surrogacy practices in India.

### Authorship of 'Love’s Rite: Same Sex Marriage in India and the West'

The book 'Love’s Rite: Same Sex Marriage in India and the West' was authored by Gautam Bhatia.

### Legal Mechanism for Unmarried Individuals

One proposed legal mechanism for representing individuals who are not married by law is through the appointment of a nominated representative.

### Relationships Recognized by Law

In Canada, Tasmania, and Hawaii, laws recognize same-sex partnerships and provide legal recognition for non-marital relationships.

### Nominated Representative under the Mental Healthcare Act, 2017

Under the Mental Healthcare Act, 2017, a nominated representative can be appointed by a person with mental illness.

### Attention on Legal Representation for Unmarried Individuals

The concept of legal representation for unmarried individuals is gaining attention due to the increasing recognition of diverse family structures and relationships in India.

### Emphasis on Legal Guidelines

The proposed legal guidelines for individuals designating representatives emphasize the importance of autonomy and choice for individuals in making decisions about their healthcare, property, and finances.

### Consultation for Uniform Civil Code

The Law Commission of India, in relation to the Uniform Civil Code, consulted with various groups, including religious leaders and legal scholars.

### Focus of Legal Alternatives

The legal alternatives discussed for family recognition primarily focus on providing legal protection and recognition to individuals and families who are not traditionally defined as "family" under Indian law.

### Principle in the Mental Healthcare Act, 2017

The Mental Healthcare Act, 2017, emphasizes the principle of autonomy and allowing individuals to choose a nominated representative who can act on their behalf in case of mental illness.

### Central Theme of the Work

Akshat Agarwal, Diksha Sanyal, and Namrata Mukherjee's work focuses on the theme of recognizing and protecting the rights of diverse families beyond traditional notions of kinship and marriage.

### Publication Critiquing the Bill

The work "The Transgender Persons (Protection of Rights) Bill, 2018: An Analysis" critiques the shortcomings of the 2018 bill, particularly its restrictive provisions concerning the rights of the transgender community.

### Living Arrangements Examined

Simon Duncan and colleagues have examined various living arrangements, highlighting the increasing diversity of family structures in contemporary society.

### Implications of Privacy and Reproductive Rights

The author, who explored the implications of privacy concerning reproductive rights, is Nicola Barker.

### Critical Perspective in the Work

Nicola Barker provides a critical perspective on the legal framework surrounding reproductive rights, highlighting the need for greater autonomy and choice.

### Unique Aspect of Family

Alan Mirabelli’s work explores the unique aspect of family and the challenges faced by individuals who do not conform to traditional definitions of family.

### Challenges of the Surrogacy (Regulation) Bill

The work, which discusses the challenges of the Surrogacy (Regulation) Bill, is "The Surrogacy (Regulation) Bill, 2016: A Critique".

### Focus of Bina Fernandez's Work

Bina Fernandez's work focuses on reproductive rights and the need for legal frameworks that promote equality and autonomy for all individuals.

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Description

This article discusses the limitations of the Transgender Persons (Protection of Rights) Bill 2019 and the Surrogacy Regulation Bill 2019 in recognizing non-normative family structures in India. It advocates for a functional approach that acknowledges diverse forms of family beyond traditional kinship and marriage. Explore the implications of these legislative frameworks on alternative family views.