Right to parenthood – vis-à-vis human rights jurisprudence
By: Bhat, Showkat Ahmad and Nazir, Mudasir
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Material type: 
BookPublisher: Kashmir Journal of Legal Studies Description: 10(1), Jul, 2023: p.262-274.Subject(s): Right to parenthood
In:
Kashmir Journal of Legal StudiesSummary: The evolving feminist jurisprudence over the globe has impacted not only the traditional notions of inequalities but had broadened the horizons of various facets of inequalities in male dominant societies. The Apex court of India in E.P Royappa case has held that equalities has multidimensional facets, the facets can be determined with the time. While on the other side human rights are birth rights, natural rights, person oriented rights and basic necessities for existence. The global jurisprudence has recognized parenthood as one of the human rights while as in achieving this rights there are some medical issues due to which right to parenthood or family cannot be achieved. In such situation the surrogacy is the handy remedy. However the paper is an attempt to evolve the model which will makes a balance between parenthood, family, and health of surrogate mothers. The established systems around the globe has enacted several legislations on the subject. The paper is an attempt to analyses the issues and challenges in surrogacy and the legislative mechanism for the same in India. The paper has highlighted various legislative and administrative gaps and suggests remedial measures foe the same. -Reproduced
http://kashmirjournaloflegalstudies.edu.in// b481-4e09-8ecf-05057a46ed5d.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
Articles
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Indian Institute of Public Administration | 10(1), Jul, 2023: p.262-274 | Available | AR130549 |
The evolving feminist jurisprudence over the globe has impacted not only the traditional notions of inequalities but had broadened the horizons of various facets of inequalities in male dominant societies. The Apex court of India in E.P Royappa case has held that equalities has multidimensional facets, the facets can be determined with the time. While on the other side human rights are birth rights, natural rights, person oriented rights and basic necessities for existence. The global jurisprudence has recognized parenthood as one of the human rights while as in achieving this rights there are some medical issues due to which right to parenthood or family cannot be achieved. In such situation the surrogacy is the handy remedy. However the paper is an attempt to evolve the model which will makes a balance between parenthood, family, and health of surrogate mothers. The established systems around the globe has enacted several legislations on the subject. The paper is an attempt to analyses the issues and challenges in surrogacy and the legislative mechanism for the same in India. The paper has highlighted various legislative and administrative gaps and suggests remedial measures foe the same. -Reproduced
http://kashmirjournaloflegalstudies.edu.in// b481-4e09-8ecf-05057a46ed5d.pdf
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