Number 4

SURROGACY: A BENEFACTION OR A SCOURGE

Naeesha Halai
SVKM’s Pravin Gandhi College of Law, Mumbai


India has been a favourite destination for commercial surrogacy. With most of the countries prohibiting commercial surrogacy, India was the ray of hope for the infertile couples. But there were a lot of ethical and social issues that surfaced in countries permitting the same. Be it the ‘Baby Manjhi’ case or the ‘Jan Balaz’ case, a need was felt for strong regulatory framework. The government drafted the ‘Surrogacy Regulation Bill, 2016’ which puts an imperforate ban on surrogacy for single parent, homosexuals, live ins and foreign couples. Some call it a draconian law as it violates the right to reproductive autonomy. Some call it ‘Sanskari Bill’ as it permits altruistic surrogacy by close relative where money does not change hands. Earlier, surrogacy was a philanthropic deed. But with the passage of time, the financial component came in, thereby, making it commercial. India became one of the most bankable destinations in surrogacy related fertility tourism on account of low cost, potential surrogates and absence of a strong legal framework. The research paper discusses the types of surrogacy and lays emphasis on the pros and cons of commercial surrogacy.


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Posted by Suvid Chaturvedi in Number 4, Volume 3

EUTHANASIA-A LEGAL REFORM INITIATIVE

Barsha Mitra & Ananya Das
Symbiosis Law School, Pune


Article 21 of the Indian Constitution guarantees Right to Life and personal liberty to every individual surviving under the shield of the nation and also where “life” implies “not merely an animal existence”. So when the basis of existence of a person deteriorates, death becomes the only destination. Thus the choice of “death with dignity” is the most favorable weapon to end the age long suffering. The concept of Euthanasia, also known as the act of intentional killing of a dependent human being suffering from incurable, painful and chronic disease is a difficult concept surrounded by varied moral ambiguities and controversies as it revolves around the dignity of life of the most dignified entity surviving on the Earth’s surface. Setting aside morality, in legal point of view the criminal justice system of India need some major changes for the welfare of patients who needs assisted death by medical practitioner. Therefore, this article has been primarily divided into four parts where the first part revolves around the introduction to the concept of Euthanasia. The second part shall discuss about the nuances of “Right to die” as a facet to “Right to life” and the third part will focus on the reformation required in the Criminal justice system while dealing with related cases of Euthanasia and finally the analysis and suggestions.


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Posted by Suvid Chaturvedi in Number 4, Volume 3

THE INVERSE RELATIONSHIP BETWEEN CUSTODIAL VIOLENCE AND CUSTODIAL PROTECTION: AN ANALYSIS

Pooja Tiwari
The West Bengal National University of Juridical Sciences


‘Dharma’ and ‘Danda’ has been the underlining concept of governance in our ancient times and from the time immemorial the function of Indian Police, has always been as the principal law enforcement agency. “This huge reservoir of trained manpower can become a very important catalyst of positive change in society provided they are made to serve the rule of law and held accountable for their sins of commission and omission, if any. The issue of holding them accountable is very closely linked to the type of control and superintendence exercised over them.[1]” Therefore, role of police personnel’s is very crucial in our state. Violence conducted during custody is a Janus faced creature as the conduct of the officials is both insincere and deceitful to the law of the land. Physical violence like beating, rape or death or mental torture both are the ways exercised by the law custodians. The exercise of custodial violence is mainly exercised against the socially or economically weaker section of the society. The Impact of these atrocities is such that they tend to hamper victim’s mind, his peace or life.  Article 21 of the Constitution of India provides for Right to life and Personal Liberty but the exercise of the inhumane treatment against the people leads in hampering their basic fundamental right. The article below would critical analyse in its violence that is exercised against the person in custody by the people who are by law under a derogation to protect them i.e. the police atrocities against the person in custody.

[1] G.P.Joshi, “Police Accountability in India” file:///C:/Users/H%20P/Downloads/police_accountability_in_india%20(2).pdf (last visited on 04th November 2017)


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Posted by Suvid Chaturvedi in Number 4, Volume 3