Beyond Kinship: Family Structures in India

### 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.

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.