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Rights, Surrogacy and the Indian Judiciary: An Expedition
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Madhurima Naha
Guest Faculty at Department of Law, Tripura University and PhD. Scholar at National Law University, Tripura, India
Abstract
The Judiciary has been tirelessly dedicated in uploading all the rights enshrined in the Constitution of India and has strenuously informed all the aspects of the realm of Surrogacy since its inception as a process in India by its judgements. The Judiciary has promptly adjudicated cases wherein conflict of the interests of the entities involved in the process of surrogacy was concerned. The Judiciary has catered to the nuances of surrogacy in the absence of any dedicated legislation until 2021 and thereafter, India enacted a dedicated legislation in the year 2021, the Surrogacy (Regulation) Act, 2021 and since then the provisions of the Act has been challenged on varied grounds. The present Research Paper is an expedition of the enthusiastic endeavours of the Judiciary in dispensing justice via safeguarding the rights of the individuals entangled in the process of surrogacy.
Keywords
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1967 - 1976
DOI: https://doij.org/10.10000/IJLMH.119309Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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