Mains Practice Questions

Approach

• Begin with a brief Introduction to the case.
• Discuss ethical challneges involved in the case and the possible options that Mr Sharma has to deal with the situation.
• Recommend an appropriate course of action which Mr Sharma should take and justify your answer.
• Conclude by summarizing the key points.

Introduction

The case involves Mr. Sharma, a Joint Secretary in the Ministry of Health and Family Welfare tasked with drafting a surrogacy policy. His wife, Mrs. Sharma, a lawyer, proposes engaging in commercial surrogacy despite legal restrictions.

Body

Ethical Issues

• Conflict of Interest:
  • Mr. Sharma's role as Joint Secretary in the Ministry of Health and Family Welfare involves drafting surrogacy policies.
  • Conflict arises as his decisions impact his personal life, compromising impartiality in regulating surrogacy.
• Potential Abuse of Power:
  • Risk of Mr. Sharma manipulating policy-making to favor personal interests.
  • Policies benefiting him and his wife may not align with public or regulatory goals.
• Commercial vs. Altruistic Surrogacy:
  • The Sharmas, despite legal restrictions, consider commercial surrogacy, challenging adherence to existing laws.
  • Ethical concerns about prioritizing personal desires over legal frameworks.
• Exploitation of Surrogate Mother:
  • Financial transactions in commercial surrogacy may create a power dynamic leading to surrogate exploitation.
  • Ethical concerns about potential coercion due to the financial relationship.
• Transparency and Accountability:
  • Mr. Sharma's pursuit of surrogacy against regulations questions transparency and accountability.
  • Raises concerns about public trust in government decision-making processes.

Possible Options:

• Recusal: Mr. Sharma could recuse himself from the drafting process of the surrogacy policy to maintain impartiality and avoid any conflict of interest.
• Seek Legal Advice: Mr. Sharma may consult legal experts within the Ministry or external legal counsel to understand the implications of engaging in commercial surrogacy.
• Advocate for Policy Amendments: Mr. Sharma could use his position to advocate for changes in surrogacy laws that align with his personal situation, but this should be done transparently and ethically.
• Consider Altruistic Surrogacy: Instead of commercial surrogacy, Mr. Sharma and his wife could explore altruistic surrogacy, which is legally permitted and aligns with the current policy framework.

Recommended Course of Action:

• Mr. Sharma should prioritize ethical conduct, adherence to the law, and the public interest.
• Recusing himself from the drafting process would be the most appropriate action to maintain integrity and impartiality.
  • By doing so, he avoids any potential conflict of interest and ensures that the surrogacy policy is crafted objectively without being influenced by personal circumstances.
• Simultaneously, Mr. Sharma should explore alternative options within the legal framework, such as altruistic surrogacy, to fulfill his and his wife's desire for parenthood without violating existing laws.
• This approach upholds the principles of fairness, legality, and public trust in the civil service.
• If Mr. Sharma believes that policy amendments are necessary, he should pursue them through proper channels, advocating for changes transparently and without compromising his professional integrity.

Conclusion

Mr. Sharma must prioritize policy-making integrity over personal desires. Adhering to laws, recusing from drafting, and seeking ethical guidance ensures transparency, fairness, and upholds public service principles, enhancing surrogacy policy credibility.