Discussing Vol. 5 of the Indian Law Review

As part of our New Scholarship Section on our Blog, we have been inviting discussants to respond to specific articles. The authors will also respond to these pieces if they choose to. The earlier series can be found here: ILR Vol. 4 Issue 1, ILR Vol.4 Issue 2 and SLR Vol.41 Issue 2. Our fourth part of discussions under the New Scholarship series around public law themed articles will include pieces featured in the recently released 2021 Volume of the Indian Law Review. This post will link all the responses to the Articles from this Volume of ILR.

I. The first piece in this series is from Dr. Prabha Kotiswaran and Dr. Sneha Banerjee. Dr. Sneha Banerjee is an Assistant Professor at the Department of Political Science, University of Hyderabad. Dr. Prabha Kotiswaran is a Professor of Law and Social Justice at the Dickson Pool School of Law, King’s College London, UK. Their paper is titled “Divine labours, devalued work: the continuing saga of India’s surrogacy regulation”, which can be found here. 

The abstract states – “This article offers a feminist critique of the Surrogacy (Regulation) Bill, 2019. Fifteen years since the first proposed regulation of assisted reproductive technologies and surrogacy, the 2019 Bill leaves much to be desired. It reflects a limited understanding of the complexities of surrogacy, is discriminatory in its approach, is plagued by lack of clarity, is unrealistic and most importantly, does not include adequate safeguards for the surrogate. Women’s reproductive labour in performing surrogacy is valorized but not compensated. Even though the Bill may well accept some recommendations of the Rajya Sabha select Committee, its failure to address issues that we highlight will mean that if passed, it will be challenged in the courts on constitutional grounds. This will generate uncertainty for years, for many infertile couples and individuals who look to the law for streamlined regulation, defeating its main purpose in facilitating a novel mode of reproduction.”

  1. The summary of the paper by Eeshan Sonak can be found here
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