Commercial Surrogacy with Special Reference to Capabilities Approach

Abstract

In Indian culture, ‘motherhood’ connotes a sine qua non of marriage. Surrogacy arrangements have seen an increased demand amongst childless couples in the recent years. Notwithstanding that, many countries still don’t have specific legislations to deal with surrogacy arrangements. India is one such country which has failed to come up with a good legislation to regulate surrogacy. In the year 2019, a bill was passed to curb commercial surrogacy because it is believed that many impoverished women are exploited in the name of surrogacy. The legislature, instead of regulating commercial surrogacy, has banned it. The government is dictating its ownership over a woman’s bodily autonomy and right to privacy. The writing enlightens how the rights of a person shouldn’t be curtailed because the government has failed to regulate it. Rights become pointless if the ‘environment’ to exercise such rights is seized.