POVERTY, NEED AND IMMORAL CHARACTER OF COMMERCIAL SURROGACY: NEED FOR A PANACEA

Abstract

This article attempts to highlight the need to regulate surrogacy in India and to understand the very less conspicuous but grave problem dealt by the poor and desperate women. In a country like India with such high rates of population and poverty, unemployment strikes these women into despair and have lead them into gallows of exploitation of their body. The Surrogacy Regulation Bill 2016, which bans commercial surrogacy, has not been converted into an act yet. Surrogacy is still governed by the contractual obligations among the parties rather than any potent law which is need of the hour. The legislatures doubt straddles between two conflicting interest. Whether to cater to interest of a nation to ban commercial surrogacy which is not a suitable way to earn livelihood at the cost of exploitation of women’s body, or the interest of individuals to earn their way out of vicious circle of poverty which is created due to the gaps in the administration of law causing failure of providing suitable and respectable ways of earning a higher and respectable form of living. Commercial surrogacy is just a branch to the tree of poverty, to which unemployment is the root. The solution is not to ban the commercial surrogacy straight off but to create and form a mechanism which provides these surrogates with better alternatives to escape the vicious circle of desperate need.