A CRITICAL LEGAL STUDY ON SURROGACY WITH SPECIAL REFERENCE TO GENDER JUSTICE
DOI:
https://doi.org/10.29121/shodhkosh.v4.i2.2023.2550Keywords:
Surrogacy, Assisted Reproductive Technology, Gender Discrimination, Gender Equality Gender JusticeAbstract [English]
The ultimate goal of the Indian constitution is to uphold each person's dignity while preserving the nation's unity and integrity by guaranteeing justice, liberty, equality, as well as fraternity to all Indian citizens. One of the goals of the Constitution of Indian is to guarantee to the people, the citizen of India by providing justice which includes social justice, economic justice, and political justice. Law is a tool to attain justice, not an end in and of itself.
The definition of ‘social justice’ is all-encompassing. Gender Justice is also included. With the development of the ICT industry, the word ‘gender justice’ has assumed new meanings and forms. Due to the numerous social, legal, economic, cultural, and legal problems involved, the Surrogacy (Regulation) Act of 2021 and the Assisted Reproductive Technology Act, 2021 are heavily criticized and challenged. The Indian Constitution guarantees social justice as a fundamental right. Gender justice is a human right as well as a fundamental one. The goal of law is to promote justice; it is not an end in and of itself.
The researcher will be concentrating on the idea of surrogacy and the problems associated with it, particularly from the standpoint of gender justice, in this study paper and others. The researcher has chosen to use a doctrinal research approach, and their methodology will be critical research.
References
https://www.who.int/health-topics/gender#tab=tab_1
https://munish.nl/pages/downloader?code=who01&comcode=who&year=2023
Ibid
ibid
https://www.unicef.org/media/115331/file
https://pmc.ncbi.nlm.nih.gov/articles/PMC6881900/
https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081094-1.pdf
S. 4 (ii) (a) and S. 4 (ii) (b) of The Surrogacy (Regulation) Act, 2021
Dr. DD Basu, Introduction to The Constitution of India, Lexis Nexix Publication, 21st Ed., pp.21
Section 2 (k) of The Transgender Persons (Protection Of Rights) Act, 2019
Dr. D.D.Basu, Introduction to The Constitution of India, Lexis Nexis Publication, 21st Ed. Pp 25
Ibid pp. 28
Ibid pp 23
E.P. Royappa v. state of Tamil Nadu and Anr. (AIR 1974 SC)
The Universal Declaration of Human Rights, Article 1
(2014 (5) SCC438)
Ibid
Ibid
Suchita Skivastava vs. Chandigarh Administration (2009) 14 SCR 989
Navtej sing Johar and Ors. v. and union of India, WP (Cri.) 76 12016
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Copyright (c) 2023 Amruta Arjun Chavan
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