Aushal Rai, Amity Law School Noida & Astha Singh, Kes'shri Jayantilal Patel Law College Mumbai
The Indian Laws have generally been contradicting, making the rise of Supreme Court cases that prompt the other turbulent cycle and loss of the cash, times, feelings and the nation philosophy. On 6th September 2019, the Supreme Court of India decriminalised Section 377. On 26th November 2013, the apex court recognised live-in relationships as legally valid relationships. Yet in 2019 the public authority concocted a sweeping boycott of business surrogacy under the shadow of abused poor.
In this paper, a detailed study on various problems associated with commercial surrogacy bill have been discussed. A comprehensive study of using one’s body in conducting a trade is used to explain the roots of businesses like commercial surrogacy and prostitution in the country. The business surrogacy bill is not only violative of social and moral norms yet also to the bedrock of our constitution i.e., part III of Indian constitution. It outfits the actual idea of balance, citizenship, honourable life to those youngsters who born out of such agreements and to those women who are being the surrogate mothers.
The other side of the coin which is misuse of commercial surrogacy to reproduce youngsters to submit offences like constrained prostitution, double-dealing of human body is extremely upsetting. The obligation of law is not just to shield the residents of its country from abuse and violations yet in addition to defend the interest of individuals. By totally forbidding the public authority is attempting to flee with the obligation of making a reasonable law for the nation which not only safeguards the citizens against the offences but also protects the interests of them.