by Bhavya Johari 6 July 2021
There persists a very thin line between labour and slave which is evidenced by volition. The question that arises in the case of commercial surrogacy is the same, that is to say, whether women are free in making the decision, or are rather driven by varied socio-economic factors to undertake the same. Against this backdrop, we will first delve into the prevalent legal discourse, and will duly discern, how the same, inexorably fails in the material reality. After this, we will discern the patterns of production mechanisms, and the subsequent resistance, which are observable in the workplace, owing to which, the due struggles emanate.
Image by Sumita Sofat via Flickr, used under a creative commons license CC BY-NC-ND 2.
Legal Discourse
The commercial surrogacy involves the dual identity of the ‘Mother-Worker’, as the surrogate, is expected to be an altruistic mother and the philanthropic labour, at the same time. The labor is expected to take care of the baby, on the grounds of the mother, but simultaneously, is even expected to disengage, at the time of the birth. Moreover, despite of the paradoxical relationship, the ‘Mother-Worker’ is undermined by the analogous juxtaposition of the surrogate and prostitution, being constructed on the grounds of money.
Thus, the legal frameworks come into action, which in turn, questions the morality and ethics of the labour. India is the country wherein the surrogates are highly ‘stigmatized’ and thereby, there persists the anticipation that the regulation of the practice will improve the impugned situation. However, in material reality, the legal-frameworks, inexorably fails on the two prominent grounds. The primary one being demonstrated by unenlightened laborers owing to the lower literacy level that persists. The rights could be claimed, only when the labor is made aware of the same, but the capitalists ensure, that the loopholes remain intact, by the exercise of law. The lower literacy level, further creates the problem, as the labour is unable to interpret the contracts, that is to say, the frameworks (e.g., clauses or forms) becomes onerous, owing to which, the labour are inevitably deprived of the due benefits.
The second ground involves the lack of implementation at the ends of the Ruling Government. Labor is an important implement, in the entire process of production, nonetheless, there persists the deeply entrenched loatheness, from the ends of the enforcement mechanisms in place. Henceforth, the law acts as an instrument, to alienate the labor from the product of the labour power, that is to say, rather than working for the benefits of the labour class, the same ends up validating the domination of capitalists, as such.
The Working Day
The division of labour in the production mechanism is only possible when the division in society has taken place, as the production mechanism intensifies the pre-existing physical or territorial divisions, as such. The manipulation of the production mechanism is demonstrated in the two-dominant forms, namely absolute and relative surplus. The absolute surplus is regulated by the change in the duration of the working day, whereas the latter, is synchronized by the change in the organization of the work. The establishment of the enclosures (surrogacy hostels) could be construed as an epitome of the same.
The surrogates are brought together under a common workspace, rather than being located in the different places, which in turn ensures the efficient outcome, as the costs involved in the process of production are reduced to a sheer extent. Furthermore, the co-operation emerges, as the undisputed authority of capitalists could be easily exercised within the four-walls, and the surrogates could be duly monitored and controlled at the same time. The timetable, discipline, and surveillance lead towards the specialization. The intricate regulation of labour-time on one hand, and the detailed activities on the other hand, allows protracted control which would not have been possible in case of separation between home and workspace.
Thus, the division of labour ensures that the particular quantum of product, could be produced in a particular given time, which in turn, though guarantees the surplus-value, but inexorably engenders the exploitation at the same time.
- Workplace as a Site of Struggle
The state of women in gendered labour, is not only precarious but is also vulnerable, at the same time. The economic desperation is used as an instrument, by the shrewd capitalists, to manipulate the labour which in turn leads towards the phase of oppression. However, labour as a repercussion, attempts to resist the various disciplinary discourses which in turn leads to struggle. It is pertinent to mention that there persists hierarchised resistance on the two distinct levels. Primarily, the ‘Mother-Worker’ manifests the endeavour to forge the special relationship with the baby, under the presumption, that the same will wither away the disposable nature of the surrogates. However, in material reality, the same acts to the detriment of the labour, as the special bond subverts the ability to negotiate with the intended mother, in terms of the pay, as such.
At the second-level, the collective-resistance is manifested in the enclosures (surrogacy hostels), wherein the imperative sisterhood amongst the ‘Mother-Workers’ emanates. Now, the same becomes the powerful tool against the capitalists, as the very genesis of the commerce is menaced, and thereby, the due rights are inevitably sustained. Thus, the ramifications of the struggle, ensure that the labour is not completely disregarded in the capitalistic process of production.
Conclusion
India’s laws for the commercial surrogacy are in no manner envisioned to palliate the suffering of the ‘Mother-Workers’. On the contrary, they have been drafted with the objective of expanding the empires of the few mercenary tycoons. From the perspective of progress, the prevalent laws are downright regressive and offer no hope for alleviation of the quality of life.
References
- Karl Marx (1867): ‘Capital,’ Vol. 1, Chapter 10 – The Working Day (p. 162-212).
- Aaradhana J Dalmia (2012): ‘Strong Women, Weak Bodies, Muted Voices – Women Construction Workers in Delhi,’ Vol. 47, No. 26 & 27, pp 249-255.
- Amrita Pande (2010): ‘Commercial Surrogacy in India: Manufacturing a Perfect Mother – Worker,’ Vol. 35, No. 4, pp 969-992.