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INDIA’S OMBUDSMAN, THE SUPERHERO OF DEMOCRACY: ROLE AND PROPOSALS FOR REFORM

thelawwaywithlawyers@gmail.com March 24, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-16 ISSUE NO:- 16 , OCTOBER 15, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Anindita Ghatak INDIA’S OMBUDSMAN, THE SUPERHERO OF DEMOCRACY: ROLE AND PROPOSALS FOR REFORM Abstract The issue of corruption has been across countries for a long time. India is also not immune from the problem of corruption. It is one of the obstacles in the way to achieve effective governance. A good administration is always responsible and responsive to people. The Institution of Ombudsman came to be established in several Democratic Countries like India for redressing the grievances of the public against administrative fault. The history of Ombudsman dates back to 1809, when Sweden established Ombudsman Office for the first time. After that many countries started establishing this institution, like- New Zealand, UK, USA Israel, Australia, India and so on. The Ombudsman stands as a guardian of individual rights, a promoter of governmental transparency and a watchdog of the administration. Therefore, the need for an institution like Ombudsman, at the national level as well the State level to fight against the corruption has been demanded. It is only in the second decade of 21st century that the legislation for establishing an Ombudsman in the form of Lokpal and Lokayukta came into effect. This Research paper tries to analyse about the importance of Ombudsman, the historical background of it, how this body was established for supervising the powers and control of the administrative bodies and restrict the misuse of powers by them. Being an Ombudsman has its powers and authorities to question, comment and ask on details of any cases regarding maladministration, it’s also dealing with the various institution of Ombudsman in the other countries and specially the mechanisms established in India and Lokpal as the anti-corruption ombudsman in India. But it is not performing as expected and there is some need for reforms to fulfil its true potential and ensure accountability in the administration. Keywords: Ombudsman, Administration, Lokpal, Lokayuktas Introduction Ombudsman is the part of the system of administrative law for scrutinising the work of the executive. His function is to safeguard the interest of the citizen by discovering the maladministration. The institution of Ombudsman was adopted by Scandinavian countries for the first time. Ombudsman is a superhero of democracy because it plays a vital role when it comes to dispute in administration. Ombudsman is the ‘Representative’ of public, because it plays a role as watchdog, looking at the working of administrative law. It is a machinery established in administrative law to handle the grievance sand to prevent the injustice by the executives against the citizens. In the democracy, the public come first, because they are the ultimate bearer of the sovereignty of a State and they decide in open and free election, who will be entrusted with the responsibility of the administration. So, the Ombudsman offices not only enhance the protection of individual citizen but they also contribute to efficient public administration. Ombudsman, like a court not only considers the individual case but also asks how same cases shall be treated by public authorities in future. The Ombudsman embodies the essence of democracy by acting as a check and balance on the executive authorities or governmental power. Their commitment to justice is ensuring the rights of the citizens are protected that the rule of law is upheld and the governmental agencies are held accountable for their action towards the citizen. Professor Larry B Hill has enumerated the various characteristics of a pure Ombudsman. Those are- established as separate entity that is functionally autonomous, operationally independent of both the legislature and the executive, a legally established governmental official, a monitoring specialist, have extensive resources to perform his mission, normative universalistic, popularly accessible-visible and so on. Professor Larry Hill has described about various objectives of the Ombudsman institution, like- to right individual wrongs, to make bureaucracy more humane, to introduce administrative reforms and to prevent abuses by acting as a bureaucratic watchdog. Therefore, in a nutshell, the duty of an Ombudsman to reduce the corruption of governmental agencies, maladministration in the sphere of administrative branch of the government in order to maintain the prosperity of the nation and for the effective functioning of the administrative wing of the government. If a citizen approaches to Ombudsman with a genuine complaint then it becomes the responsibility of the latter to take up the case for investigation without any making an expense on the complainant so that it works as an advantage of the citizen over the judicial proceedings, which cause a lot of delay in providing justice to the aggrieved person. Research Objectives: The intention of the researcher is to give an insight into the ‘India’s Ombudsman, The Superhero of Democracy: Role and Proposals for Reform’ to the readers, keeping in mind the legislative outlook for a better understanding of the research topic. It aims to bring the attention of the readers to the historical background of the Ombudsman to current position of Ombudsman in India with a special focus on the limitations and reforms of Ombudsman machinery in India. This research is also be an analysis based on the critical study of the topic. Therefore, the primary objectives of the research paper would be- To give an insight to the meaning, concepts and importance of Ombudsman as for redressing the grievances of the public against administrative fault. To understand the historical background of ombudsman and development in the institution of Ombudsman through a comparative study of various countries. To understand the current position of Ombudsman in India. To understand the various elements and organs involved in working of the Lokpal and Lokayukta with respect ton India. To understand the relationship between Ombudsman-Government-Citizen. To finding out the limitations of Ombudsman machinery in India and need for its reforms. Research Methodology: The research is non-empirical in nature. The research adopted the doctrinal method for pursuing this Study. For the depth of the study , it

Marginal Community: not a Homogenous Group

thelawwaywithlawyers@gmail.com March 24, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-15 ISSUE NO:- 15 , SEPTEMBER 20 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :-Madhavi Sharma Marginal Community: not a Homogenous Group ABSTRACT Human rights are not only about power or privilege held by the public. These rights and dignity are crucial for a peaceful, sustainable, and just world. There should be upliftment for this particular section of the group. By focusing on and improving marginalized communities, the invisible will become visible in law practice and legal education. Marginal communities can’t be considered a homogeneous group in today’s world, as there is a need for a certain level of necessary support for them. In the light of today’s era, one nation should also focus on issues related to sexual and reproductive rights as well as human rights like sex education in school curriculum, period poverty, and sexual violence in conflict zones that are related to women and their welfare. Child rights are also a major concern, as digitization has enhanced children’s learning but also exploited their innocence. Safeguarding children’s privacy and safety is crucial, requiring robust measures like data protection policies and age-appropriate online content. This community also includes scheduled castes and tribes, who require development and empowerment. Inclusive and participatory processes allow us to give voice to marginalized people and strengthen them by uplifting them. Marginalization is a very important concept within sociology, political science, social psychology, and other fields of study that attempt to understand social inequalities and injustices. As there should be justice in social, economic, and political matters and equality of status of opportunity among them all, this group needs more focus. Keywords: Marginal communities, upliftment, sexual and reproductive rights, child rights, injustice, inequality. 1 INTRODUCTION To be human and not feel less human, there are rights for the public in society. Human rights are not only about power and the privileges held by the public. These rights and dignity are crucial for a peaceful and just world. By providing voice to this marginal group, not to shout but to assert that through an inclusive and participatory process, we will uplift and strengthen them in a true sense. Marginalization is a very important concern within many inter disciplinary fields like sociology, political science, social psychology, and other fields of study that attempt to understand and describe certain inequalities and injustices with which they are dealing in Indian society. Sociology has many relationships with history, political science, economics, philosophy, anthropology, psychology, ethics, and jurisprudence. Sociology, being the mother of all social sciences and with a sociological lens of vision to critically examine and understand law, will take the direction towards better social change and social control with a comprehensive understanding of law and society in India. As there should be justice in social, economic, and political matters and equality of status and opportunity among them all, this group needs more focus. REVIEW OF LITERATURE PROBLEMS OF MARGINALIZED GROUPS IN INDIA: A STUDY: (Prof. A. K. Paricha Emeritus Fellow, Political Science Berhampur University), 2018 JETIR July 2018, Volume 5, Issue 7, (ISSN-2349-5162), In this paper it has been concluded that marginalised groups are defined as those who are subject to unfair treatment or are, relative to other age groups or sections of society, more dependent on others and therefore find it difficult to maintain their subsistence on their own and protect their rights. Besides this, certain groups in society are also subject to discriminatory treatment and feel marginalized. They need special attention to avoid exploitation. In India the women, children, 2 scheduled castes and scheduled tribes, persons with disabilities, migrants and aged are regarded as marginalised or vulnerable groups. These people are socially, economically, politically and legally ignored and excluded in Indian society. SOCIAL AND ECONOMIC STATUS OF THE MARGINALIZED COMMUNITIES IN INDIA : (Dr M Rajashekarappa, Rathnnava K Hadimani, Associate Professor, Assistant Professor, Department of Sociology, S.J.M.V B.A.J.S.S ARTS AND COMMERCE COLLEGE FOR WOMEN, RANEBENNUR RAJARAJESHWARI WOMENS COLLEGE, RANEBENNUR, INDIA), 2023 IJCRT Volume 11, Issue 9 September 2023 | ISSN: 2320-2882, It is concluded in this paper as India continues to evolve and develop, it is imperative that the nation’s progress is inclusive and benefits all its citizens. The social and economic empowerment of marginalized communities is not only a matter of justice but also a fundamental prerequisite for India’s growth and development as a vibrant and inclusive democracy. Achieving this goal will require ongoing collaboration among governments, civil society organizations, and the international community, with the shared vision of a more equitable and just India for all of its people. Education of the Marginalized; In the Context of Policy Initiatives for Universalisation of Elementary Education: Dr.M.N.Mohamedunni Alias Musthafa* Rini E StephenVol. 9 Issue 7, July , 2019, ISSN: 2249-2496 , This paper attempt to state that Although India has already made significant strides in the task of expanding schooling facilities for all children, considering the existing disparities, a multifaceted endeavor is required to make a balance between quality and quantity to ensure its benefits available to all sections of society living in different regions. This should be an integral part of policy interventions for promoting social justice in society. Educational inequality takes different forms in different places which in turn results in the decrease in opportunities for children with low economic background, girls, ethnic, linguistic and socially marginalized group and children with disabilities and special needs. So integrating all the children irrespective of the above-mentioned barriers should be the prime objective of the country. 3 OBJECTIVES ∙ To analyze and evaluate the provisions relating to different groups in marginal communities ∙ Evaluating the rights and realities of marginalized groups. ∙ To explore multifaceted challenges such as poverty, education, healthcare, and other issues facing marginalized communities. ∙ To critically examine the laws, regulations, and rules available for the protection of this group of marginal communities. METHODOLOGY Research Methodology: Combination of Doctrinal and Empirical Study 6. FINDINGS / RESULTS AND DISCUSSION Definition

SAME-SEX MARRIAGE IN INDIA: THE CONTADICTORY OUTCOMES AND THE LEGAL STRUGGLES

thelawwaywithlawyers@gmail.com February 3, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , FEBUARY 3, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Bhoomika Anand SAME-SEX MARRIAGE IN INDIA: THE CONTADICTORY OUTCOMES AND THE LEGAL STRUGGLES ABSTRACT Marriage is a formal relationship between two people that is recognised by the law which substantially establishes rights and obligations towards each other. Civil union is similar to a marriage which provides recognition under law for the same sex couples. Legalizing civil union grants LGBTQ+ individual’s equal rights and recognition under the law, legal benefits and protections, promoting social equality, reducing discrimination, and positive impact on their mental health and well-being. On the other hand, marriage is considered to be sacrament rather than a contract where its elemental purpose is procreation which is not possible in the same sex marriage. legalising civil union will trigger societal instability and is contrary to Indian ideals and cultural norms. Based on the facts outlined above the paper shall be analysis of the contradictory outcomes whether there is necessary of legalising same sex marriage in India. The paper shall also deal with the recent developments of the same sex marriage via the case decided by the supreme court of India. Key words: Marriage, civil union, LGBTQ+, legalising, same sex marriage, homosexual couples Introduction Same sex marriage refers to the marriage between two individuals of the same sex. This generally takes place in the LGBTQ community. The term LGBTQ evolved to represent the inclusive society. In the early 1990s activists began to use the term LGBT. Later in 2010s LGBTQ was adopted to recognise the diversity of sexual and gender identities. “LGBTQ” is a contraction for lesbian, gay, bisexual, transgender, and queer. there is no decisive definition for the term hence it is used with the acronym LGBTQ. the + in the “LGBTQIA+” stands for all the other identities that are not included in the acronym. The LGBTQ+ community is internationally represented via symbols of “the pink triangle” and “the rainbow flag”. The LGBTQ community has come across a long way against the discrimination, legal restrictions, identification, equal rights etc. the British Indian government enacted IPC (Indian penal code) to address the chaos and confusion in the criminal justice system of India in 1860. Section 377 of IPC criminalised “unnatural sex” which states whoever voluntarily has carnal intercourse against the order of nature with any man, women or animal shall be punished with life imprisonment or for a term extended to ten years. IPC, in its present form, Later in 2018 via landmark case “Navatej johar vs. union of India” supreme court of India without opposition ruled that section 377 which was criminalised homosexual acts between adults was unconstitutional. As sexual orientation is an essential and innate facet of privacy, the right to privacy takes within its sweep the right of every individual including that of the LGBT to express their choices in terms of sexual inclination without the fear of persecution or criminal prosecution. Supreme court of India effectively decriminalized same-sex relationships by upholding the rights to privacy, equality, and dignity under the Constitution. why same sex marriage has become a topic of debate? same sex marriage is a subject of heated argument across the world. India is a land of cultural diversity. Legalising same sex marriage in a country where the traditions and religious beliefs, customs and culture is respected is strenuous. The lawmakers must take into consideration of religious and cultural belief if not it will surely trigger the societal instability. which has increased the pressure of law makers and the courts as well. Though there are precedents and advancement regarding same sex marriage the issue keeps on evolving which is definitely a pressure for the lawmakers and court to decide the cases. Legal status in India India currently does not recognise the same sex marriage. Yet there are developments where the court decriminalised section 377 and recognised the rights of queer couples which is a significant victory to the LGBTQ community. But it is important to note that still there are no laws governing and protecting the rights of homosexual couples. The legal recognition of homosexual couples marriage remain absent. Same sex marriage in ancient period Hinduism and religion were not against transgender. In Vedic society third gender citizens were neither persecuted nor denied their basic right like modern Indian society. It is important to note that a temple in Madhya Pradesh “khajuraho temple” depict explicit sexual act between both men and women which is an evidence of acceptance of homosexuality in that period. In Ramayana, it is said that after visiting Sita in Lanka, Hanuman sees rakshasa women kissing and embracing each other. The Kamasutra is an ancient Sanskrit text that describes homosexual practises, but it does not advocate homosexuality. On the other hand, it is important to note the interpretations of ancient society and mythology as well. It is said that in “Mathsya purana” during the churning milky ocean or “samudhra manthana” lord Vishnu took mohini avatar (a delusion of lord Vishnu) lord Shiva was attracted by the mohini’s beauty and resulted in birth to lord ayyappa. Here it is important to note that Shiva was attracted to mohini the female form of Vishnu and it cannot be considered as same sex union. Manusmriti or manava dharmashasthra does not support civil union. It predominantly focuses on traditional marriage as a means of procreation. It prescribes social and sexual relations under the umbrella of heterosexual monogamous union. In mythology, depicts two characters under third gender Shikandi and Arjuna. Shikhandi undergoes a gender change, born as a female named Amba, but later transforming into a male warrior named Shikhandi through a boon from Yaksha allowing her to fight and ultimately defeat Bhishma in battle exploiting his vow not to fight a woman. Arjuna was cursed by an Apsara named Urvashi after he rejected her advances causing him to live as women for an exile period. Later upon Indra’s

EXPLORING THE NATURE AND DIVERSE FORM OF MAERRIAGE UNDER MUSLIM LAW: A COMPREHANCIVE ANANLYSIS

thelawwaywithlawyers@gmail.com January 28, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 28, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- NANDANI KUMARI EXPLORING THE NATURE AND DIVERSE FORM OF MAERRIAGE UNDER MUSLIM LAW: A COMPREHANCIVE ANANLYSIS ABSTRACT In Islam, marriage is viewed as a sacred bond established by Allah, playing a pivotal role in shaping family and social dynamics. This paper offers a detailed analysis of the regulations governing marriage within Islam, drawing on primary Islamic texts, including the Quran, Hadith, and scholarly interpretations. Key topics discussed include the marriage contract (Nikah), the essential requirement of mutual consent, considerations of compatibility between spouses, the role of the dowry (Mahr), the rights and obligations of both partners, the concepts of monogamy and polygamy, the procedures and conditions for divorce, the importance of family support, and the promotion of mutual respect and kindness in marriage. The aim of this research is to provide a comprehensive understanding of Islamic marriage, illustrating how adherence to these principles helps build strong, harmonious, and fulfilling relationships rooted in faith and respect. The study also emphasizes the importance of seeking divine guidance (Istikhara) when considering marriage, as well as the values of fairness, compassion, and mutual understanding. Ultimately, this paper seeks to enhance the understanding of Islamic marriage and its ongoing significance in modern society, underlining its role in promoting emotional, social, and spiritual well-being. Keywords: Marriage in Islam, Nikah, Mahr (Dowry), Consent, Compatibility, Rights and Responsibilities, Monogamy, Polygamy, Divorce in Islam, Family Support, Mutual Respect, Seeking Guidance, Quran, Hadith, Islamic Marital Laws. 1 1.1 INTRODUCTION Under Muslim law Islamic marriage is an institution sanctioned by religious and legal principles, facilitating the union between a man and a woman for purposes including procreation, mutual support, and the formation of families, which are integral to societal structure. Contrary to Hindu beliefs, Islam views marriage not merely as a civil contract but as a sacred sacrament, with many scholars considering it a religious duty. In Islam, marriage is perceived as a pathway to fulfilling the desire for lawful progeny. Islamic jurisprudence draws from a variety of sources, both codified and non-codified, such as the Quran, Ijma (consensus), Qiyas (analogical reasoning), customs, urf (local customs), precedents, and principles of equity. Among the Sunni sects, including Hanafi, Hanbali, Maliki, and Shafi’i, there exists recognition of each other’s legitimacy, fostering centuries-long legal discourse and interaction. In India, the Hanafi school of Islamic law holds prominence, influencing legal interpretations and practices regarding marriage and other aspects of Islamic jurisprudence. 2 1.2. RESEARCH OBJECTIVE To comprehensively analyses the nature and different forms of marriage according to Islamic law, focusing on understanding its legal, cultural and social dimensions. The purpose of the study is specifically: To study the basic principles governing marriage in Islamic law, to study its religious meaning and legal framework. Investigate the differences in marriage practices in different Muslim communities and regions, taking into account cultural traditions, customs and historical influences. 3. Assess the role of gender dynamics and the rights and responsibilities of spouses in Islamic marriages, including aspects of equality, consent and family responsibilities 4. Assess the impact of modernization, globalization and socio-economic factors on contemporary Muslim marriage practices by analyzing changes in attitudes, norms and legal reforms. Explore the challenges and debates surrounding issues such as polygamy, divorce and dissolution of marriage in the context of Islamic law and contemporary societies. 6. Identify the intersections between Islamic marital law and civil legal systems in multicultural societies by examining the convergence and divergence of legal frameworks and practices. Consult Islamic scholars, legal experts and religious authorities on the interpretation and application of marriage laws and their impact on individual rights and freedoms. 8. Make recommendations to address emerging issues and promote the harmonious coexistence of Islamic marriage practices and the broader legal framework in diverse cultural contexts. To achieve these goals, the study aims to provide a comprehensive understanding of the complexities and nuances of Islamic marriage. modern law to advance its Islamic scholarly debate, legal reform and social dialogue on an important aspect of jurisprudence and social life. 3 1.3. RESEARCH QUESTIONS. What are the most important principles and legal framework governing marriage in Islamic law and how do they differ from different schools of Islam? 2. How do cultural traditions, customs and historical influences shape different forms of marriage in Muslim communities around the world? What are the roles and rights of spouses in Islamic marriages and how do gender dynamics affect these roles in different cultural and legal contexts? 4 1.4. RESEARCH METHOLOGY In conducting a comprehensive analysis of the nature and various forms of marriage in Islamic law, a multifaceted research methodology is used. A comprehensive literature review is conducted to examine scholarly articles, legal texts, and historical sources to understand the basic principles and development of Islamic marriage practice. This provides a solid theoretical framework for the study. In addition, case studies from different regions and communities are analyses to explore the nuances of Islamic wedding practices and traditions. Surveys and interviews are used to gather empirical data and insights from individuals in Muslim communities that include diverse perspectives on marital dynamics, preferences, and experiences. Legal analysis involves reviewing relevant legal documents, cases and statutes to understand the legal framework governing marriage under Islamic law. Comparative analysis is used to contextualize Islamic marriage practices within broader social and cultural norms. Ethnographic research methods involve immersing oneself in specific Muslim communities, observing wedding ceremonies, and interacting with community members to gain first-hand knowledge of their wedding customs and rituals. Finally, a quantitative analysis of the survey data is conducted to identify trends and patterns related to marriage preferences and attitudes in Muslim communities. Ethical considerations are paramount during the research process, including obtaining informed consent from participants, ensuring confidentiality and respecting cultural sensitivities and religious beliefs. This comprehensive research methodology aims to provide a nuanced understanding of the complexities of marriage in Islamic law, taking into

DOWRY LAWS AROUND THE WORLD: ARE THEY EFFECTIVE?

thelawwaywithlawyers@gmail.com January 24, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 24, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Om Pandey Techno India University DOWRY LAWS AROUND THE WORLD: ARE THEY EFFECTIVE? ABSTRACT Dowry practices refer to socio-cultural traditions where the bride’s family gives money, goods, or real estate to the husband’s family on marriage. Initially, paying a dowry was meant to provide for the bride. However, with time, such practices gave rise to harsh repercussions both socially and economically. In many regions, for example South Asia, the demands for dowry have increased tremendously, which has caused financial difficulties and domestic abuse, as well as deaths related to dowry. There are legal provisions in different nations, for instance India’s Dowry Prohibition Act of 1961, intended to stop these practices, but enforcement is difficult because of entrenched customs and societal standards. It is contended that dowry continues to exist, albeit in surreptitious form, and is disguised as gifts during wedding ceremonies or disguised as benevolence. While more educated, employed women do tend to mitigate dowry issues, it still persists in some communities. Solving dowry problems necessitate a comprehensive strategy including laws, education, and socio-economic change. This article focuses on the historical roots and socio legal analysis and implication of the dowry system while offering solutions to ensure continual monitoring and formulation of policies to combat this problem. KEYWORDS: Dowry, Domestic abuse, Societal Standards, Legal Provisions INTRODUCTION Dowry refers to a social custom whereby the family of the bride gives money or in in form of goods or property to the groom and his family as a form of securing a marriage. It is a well established practice from ancient times in different communities of the world for the purpose of safeguarding a woman’s economic well-being in case of separation. Nevertheless, dowry has become a contentious issue, particularly in societies where it has resulted in financial difficulties, gender bias, and violence against women. Countries such as India, Pakistan, Bangladesh and some regions of Africa and the Middle Eastern countries practice dowry. Although dowry was originally intended as an optional love gift from the bride’s family, in many societies it has now become an obligatory burdening expectation to the bride’s family. In extreme cases, failure to meet dowry expectations has resulted in cases of stalking, domestic violence, and even deaths associated with dowry. Even with dowry laws in place in many countries, it is still practiced due to deeply ingrained customs and social practices. Various governments and charity groups are trying to eliminate the practice of dowry by enacting legal provisions, awareness programs, and women empowerment schemes. Combatting dowry is not purely a legal matter, but encompasses efforts that deal with transforming societal norms. For removing the practice of dowry, the participation of the entire community is imperative. CONCEPT OF DOWRY IN INDIA’S SCRIPTURE PURANA: The Indian dowry system has its history rooted in ancient texts like Puranas, which detail the socio-economic and dental practices of the era. In ancient Indian society, dowry was not a demand, but a gift (stri-dhana) given to a bride by the family, providing her with some financial independence within her marital home. The Puranas, Manusmriti, and Vedas provide information regarding the evolution of Stri-dhana. Marriages in Hindu mythology and Puranic lore detailed various forms of marriages, one of them being Brahma Vivah, where a father willingly married his daughter, gifting her wealth, jewellery, or even land. This was viewed as a gesture of benevolence instead of force. The Bhagavata Purana offers accounts of the marriage of Gods and Kings, where gifts were exchanged and often served symbolic purposes, relying on the groom’s worth instead of demand-based motives. The meaning of dowry has changed with time. Later Puranic tales showcase examples where wealth during marriage was expected. For instance, in the Mahabharata (not a purana, but is considered as one), Draupadi’s Swayam Vara ceremony was held with underlying wealth expectations. By the time of the Middle Ages, dowry was a stricter tradition based on social stratification and caste system, and in most cases, became exploitative. Although marriage is stressed by the Puranas as moral and ethical, with subsequent interpretation and social development, dowry turned into a duty and not a voluntary donation. Therefore, although the Puranas did not encourage dowry in its contemporary coercive structure, they were a product of an era where transfer of property was traditional in marriage, which later influenced subsequent dowry practices within India. VIOLATION OF HUMAN RIGHTS CAUSED BY DOWRY AND ITS REMEDIES The practice of dowry, as part of marriage, is a practice that creates serious concern in the social realm and infringes on humanitarian laws in different ways particularly against women. During a marriage, the bride’s family is obligated to give money, property or presents to the groom’s family. It is outlawed in most nations, yet it still exists and gives rise to inequality, violence, and misdeeds in different societies. DOWRY RELATED VIOLANCE: Violence and Abuse: Women not only suffer from domestic violence but also harassment and murder in cases where their dowry is deemed unsatisfactory. Violence caused by dowry includes physical, emotional and psychological abuse too. Gender Discrimination: It reinforces the belief that women are economic encumbrances. This practice does not only violate the right to equality but also one’s dignity. Loss of Life and Safety: Death due to dowry, where women are killed or coerced into suicide, is part of reality. Economic Exploitation: The poor families of brides are placed under enormous financial strain, which often leads them into debt and poverty. Denial of Freedom and Rights: Numerous women are kept in abusive marriages with no hope to get a divorce or an education or job due to the dowry system. SOLUTIONS TO ERADICATE DOWRY: Strict Legal Enforcement: Governments ought to enforce anti-dowry laws, along with the Dowry Prohibition Act, with severe penalties for violators. Education and Awareness: Educating groups, specially ladies, approximately their rights can assist exchange societal attitudes.

ANALYSIS OF TRANSGENDER RIGHTS IN INDIA

thelawwaywithlawyers@gmail.com January 17, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 17, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Rakshitha. Vs CO AUTHORED BY:- Nithya. K CO AUTHORED BY :- SHREYA SAMPOORNA ANALYSIS OF TRANSGENDER RIGHTS IN INDIA ABSTRACT: This paper provides a deep examination of the challenges faced by the transgender individuals in India. Our Indian constitutions guarantees equality and justice to the transgender. They face the significant barriers, like discrimination, social problem and lack of access to education and employment. This paper also analysis the historical and cultural aspects of transgender rights in India and also the legal framework for transgender in India. Social stigma, discrimination, boycott from the society and family, absence of supportive family, abusive environment, disowning from families and parents, no medium for education, depression amongst transgenders, no housing facilities, harassment by police and they ultimately resort to begging and sex work. This article will examine the social and economic obstacles that transgender individuals in India experience, such as societal rejection, discrimination, and limited access to jobs and education. This paper highlights the fact that transgender persons are not getting an education because they drop out of school or college due to discrimination. KEYWORDS: Equality, Justice, Discrimination, Education, Employment, Social stigma. INTRODUCTION: Our society has traditionally only acknowledged two genders—male and female—the term “transgender” still causes confusion in the minds of Indians. Asking someone on the street what a transgender person is may make them chuckle and use local terms like “Hijras or Kinner,” among others. But in truth, who is aware of what a transgender person is? They are similar to our friends, neighbours, students, and co workers. Transgender people are people who earlier recognize themselves as of one gender but later on identify themselves as of other gender. Articles 14 and 21 employ the term “person,” whereas Articles 15, 16, and 19 use the word “citizen,” indicating a gender-neutral approach to justice. The fact that no data on transgender people was obtained before to Census 2011 plainly demonstrates the amount of discrimination. Thus, according to the 2011 Census, there are 4,87,803 transgender people in India, with a literacy rate of only 56.07%, compared to 74% for the overall population. According to the National Human Rights Commission Report (2018), 99% of transgender people endure repeated social rejection. 57% of this community wants to go for a sex reassignment surgery but can’t due to lack of money. Enrolling transgender people in the electoral roll requires them to submit a legal document from the oath commissioner attesting to their qualifications, publish this information in a minimum of two newspapers, and have their parents or guardians sign the legal documents. While the election commission is hard to cover all the eligible voters, they have made it more difficult for the transgenders to get a voter card. TIMELINE FOR TRANSGENDER RIGHTS IN INDIA: Mughal Empire – Transgenders held important positions as guardians and advisors. – They were trusted, clever, and loyal. British Period (1858-1947) – Protection and benefits provided by Indian States were stripped away. – British authorities confiscated lands and stigmatized transgenders as criminals. – The Criminal Tribes Act, 1871, Labelled hijras as inborn criminals. Modern Period (Post-Independence) – Transgenders now enjoy better social status and government benefits. – Entitled to voting rights, census inclusion, and citizenship identity cards. – Supreme Court recognized transgenders as the third gender in NLSA v. UOI case. – Government schemes like MGNREGA provide employment opportunities. In recent years, the transgender community in India has witnessed significant improvements in their social status and government benefits. The Supreme Court’s landmark judgment in the National Legal Services Authority (NALSA) v. Union of India case (2014) recognized transgenders as the third gender, entitling them to all constitutional and legal rights. This ruling paved the way for increased inclusivity and acceptance. The government has introduced various welfare schemes to support the transgender community. The 11th Five-Year Plan launched the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme, providing employment opportunities for transgenders. Additionally, transgenders are now entitled to voting rights, inclusion in the general census, and issuance of citizenship identity cards. Despite these advancements, the transgender community continues to face significant challenges, including social stigma, discrimination, and violence. Efforts to address these issues and ensure the effective implementation of existing laws and policies are essential to promoting the well-being and empowerment of transgender individuals in India. HISTORICAL JUDGEMENT: NATIONAL LEGAL SERVICE AUTHORITIES (NALSA) VS UNION OF INDIA AND OTHERS1 The judgement have legal and constitutional protection to the eunuchs in the form of third gender and reiterated that non- recognition of their gender identity will violet article 14 and 21 of the Indian Constitution. NALSA which was constituted under the legal authority act, 1997 to provide free legal services to the marginalised sections of the society along with Pujya Mata Nasib Kaur Ji Women Welfare Society came forward for this cause. During case hearing reference was made to Ramayana and Mahabharata too. Reference from Ramayana: Everyone in Ayodhya cried and decided to follow Lord Rama, Mata Sita, and brother Lakshman when they were summoned to live in exile for 14 years. Among them were they too. And it was impressed by this act, Lord Rama blessed then that they will have the power to confer blessings on the day of childbirth and marriage or other inaugural functions. Reference from Mahabharata: According to the Mahabharata, Aravan, the son of Arjuna and Nagakanya, proposes to be sacrificed to Goddess Kali in order to guarantee the Pandavas’ victory in the Kurukshetra battle; the only requirement is that he spend his final night in wedlock. Since no lady would marry someone who was destined to die, 1 CLPR Transgender Law and Policy Database, CENTRE FOR LAW AND POLICY RESEARCH, https://translaw.clpr.org.in/ (last visited Jan. 31, 2025). Krishna takes the form of Mohini, a stunning woman, and weds him. The Hijras of Tamil Nadu refer to themselves as Aravanis and believe

A CRITICAL ANALYSIS OF SURROGACY (REGULATION) ACT, 2021: KEY PROVISIONS AND DRAWBACKS

thelawwaywithlawyers@gmail.com January 10, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 10, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- AKSHAYA S CO AUTHORED 1. :- SIVASAKTHI.A CO AUTHORED 2. : SUSHMITHA R A CRITICAL ANALYSIS OF SURROGACY (REGULATION) ACT, 2021: KEY PROVISIONS AND DRAWBACKS ABSTRACT Surrogacy is the process where a woman accepts to become pregnant and gives birth to a child on behalf of another couple who will legitimately be the child’s parent after birth. Usually surrogacy is pursued by the people who are dealing with infertility, medical complications or any condition which makes pregnancy unsafe. Before 2015 commercial surrogacy has been practiced in India but it frequently resulted in exploitation of vulnerable and underprivileged women, and many surrogate moms had medical risks and inadequate postpartum care. Therefore in order to curb this, Surrogacy (Regulation) act was passed in the year 2021. This act completely prohibits commercial surrogacy and it permits only altruistic surrogacy which does not include any monetary payment apart from the cost of surrogate mother’s parental care and insurance coverage. However this act also had few shortcomings such as exclusion of unmarried and homosexual couples, widow men and so on. This paper deeply analyzes the key provisions of the Surrogacy (Regulation) Act, 2021 and it highlights the landmark cases of surrogacy and this paper also examines the loopholes of the act. Keywords: Surrogacy (Regulation) Act, 2021, Drawbacks, Altruistic surrogacy, Commercial surrogacy, Landmark judgment. INTRODUCTION: The Britannica dictionary defines Surrogacy as “the practice by which woman i.e. the surrogate mother becomes pregnant and gives birth to a baby in order to give it to someone who cannot have children.” According to OHCHR, “Surrogacy refers to a form of third party reproductive practice in which intending parent(s) contract a surrogate mother to give birth to a child.” Surrogacy is considered by the couple for the following reasons, Past history of hysterectomy (uterine removal surgery) for certain medical conditions like cervical or endometrial cancer Women who have tried unsuccessful reproductive treatments and have numerous fibroids Congenital or acquired uterine abnormalities Women who experience repeated failures of implantation Absence of uterus like in Mayer-Rokitansky-Kuster-Hauser syndrome (a disorder with the absence of uterus at birth) Severe medical conditions like heart or renal diseases make pregnancy risky and are contraindication of pregnancy The inability to conceive biologically Women who experience multiple miscarriage These are the general reasons for which the couple considers surrogacy to have a child and to form a family. In India there are two main types of surrogacy, they are as follows, Traditional surrogacy In this type, the intended father’s sperm is artificially inseminated into the surrogate mother. As a result, in this type of surrogacy the surrogate mother will be the genetic mother of the child to whom she gives birth and it can also be stated that the surrogate mother will be the biological mother to the child. Gestational surrogacy In this gestational surrogacy, fertility specialists use sperm from the intended father to fertilize eggs from the intended mother through the use of an In-Vitro Fertilization (IVF) procedure. Since the fertilized eggs are subsequently placed in the surrogate’s uterus, the surrogate merely serves as the carrier and has no biological connection to the surrogate child. Few other types of surrogacy on Compensated basis are as follows, Commercial surrogacy In this, the surrogate mother receives financial compensation apart from its medical expenses related to pregnancy. Altruistic Surrogacy In this, the surrogate mother does not receive any financial compensation. In the majority of instances, altruistic surrogates are helping an individual they know, like a close friend or relative, and they will probably only be compensated for medical expenses HISTORY OF SURROGACY LAW IN INDIA Surrogacy has been practiced in India since ancient times. The first IVF kid, Kanupriya alias Durga, was successfully delivered in Kolkata on October 3, 1978, indicating an important turning point in the development of assisted reproductive technology (ART) and providing hope for surrogacy as a substitute method of reproduction. However surrogacy became quite prominent in 2000s when commercial surrogacy was legalized in India. The country became the destination for foreign nationals seeking surrogacy treatment as it offered a more favorable environmental condition and affordable medical expense. In this period, commercial surrogacy attained drastic growth in India, but it also led to the exploitation of vulnerable women and it also gave rise to various social, medical and legal concerns. Therefore, in 2015, the Indian government banned commercial surrogacy and only allowed the entry of embryos for scientific study. In 2016, the Lok Sabha, introduced and passed the Surrogacy (Regulation) Bill, which aimed to outlaw commercial surrogacy by allowing only heterosexual Indian couples who have been married for at least five years and are experiencing infertility issues to use altruistic or unpaid surrogacy. But the bill lapsed at that time and it was again reintroduced in the year 2019. The bill received the President’s assent on 25th December 2021 and it officially came into effect on 25th January 2022 as the Surrogacy (Regulation) Act, 2021. SURROGACY (REGULATION) ACT, 2021 Surrogacy regulation Act,. 2021 was enacted to with the intention of “establishing the National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards, and designating suitable authorities for the regulation of the practice and process of surrogacy and for matters related or incidental thereto. The object of the act is to prohibit commercial surrogacy and to permit only altruistic surrogacy, to protect the rights of surrogate mother and intended parents essentially seeking to guarantee moral and open surrogacy practices while avoiding the exploitation of women who might be lured into business agreements. The following are the key provisions of the act, Section 2(zd) defines surrogacy as a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth; Altruistic surrogacy has been defined under

STYLE MEETS LAW: INTELLECTUAL PROPERTY IN FASHION INDUSTRY

thelawwaywithlawyers@gmail.com January 1, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JUNUAR 01, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- P. KOUSHIKA STYLE MEETS LAW: INTELLECTUAL PROPERTY IN FASHION INDUSTRY ABSTRACT The fashion business is always reinventing itself by creating new trends and designs for each season. Everyone wants to be up to date with the latest fashions and be “in” with the trend. There is a high cost associated with keeping up with fashion. The conundrum is that while everyone aspires to be stylish, not everyone can afford it. Because of this, many turn to unethical methods to obtain what they desire. Creating an illegal industry that takes advantage of the circumstances and offers cheap, mass counterfeit imitations of apparel and accessories, making “fashion” accessible to everyone. When their work is widely imitated without their consent and fake goods are offered at lower prices, the fashion industry and designers, who rely on originality and fine skill to create one-of-a-kind and exclusive products, are reduced to rubble. The fashion business places a high value on intellectual property, which should be safeguarded. Additionally, an atmosphere that allows designers to work without worrying about infringement or counterfeiting must be established. The parallel fashion black market, which is nearly as large as the fashion industry itself, is rife with cheap replicas, rip-offs, and duplication. This kills the designers’ creativity and associated elements of fashion and design. By defending the rights of these innovative designers, intellectual property rights aim to close this gap. This paper compares the Indian intellectual property regime, which depends on a combination of design, patent, and copyright protection for the designers, to the Western regime, along with the various procedural protections offered by the two regimes, with the common goal of protecting the creativity of the fashion designers. It aims to explore how intellectual property helps protect the rights of designers, design houses, and brands in the fashion industry from the evils of counterfeiting, copying, duplication, and unauthorised use of their work. KEYWORDS : Fashion Industry, Intellectual property, Counterfeiting INTRODUCTION Everyone wants to be up to date with “fashion,” which never goes out of style. Every generation or season brings about a rapid change in fashion, with some styles becoming timeless while others become vintage. Therefore, Designers and design firms must always adapt to the times and be the first to release their innovative works in order to become well-known, popular, and commercially advantageous. The main source of competition is the inventiveness of unique creative expressions, which necessitates safeguarding their original work against duplication, copying, and theft without consent. The fashion sector is growing quickly on a global scale, with a projected market valuation of over $2.25 trillion by 2025. Therefore, it is necessary to protect these designers’ creations. Intellectual property law enters the scene and shields these designers’ creations, inventions, and designs from imitation, copying, and market piracy that deceives consumers. Fashion design is a kind of art that calls for the development of a sharp eye and creative thought in order to create apparel and lifestyles. Versace’s Medusa motif, Dr. Martens boots, Sabyasachi’s Bridal Collection, and Chanel’s No. 5 perfume are a few of the most well-known Products of applied intellectual creativity and skill. WIPO defines Intellectual property (IP) as the “creations of mind, such as inventions; literary and artistic works; designs and symbols, names and images used in commerce”. Intellectual Property Laws are a body of legislation that establishes rights and offers protection and enforcement for an inventor’s or creator’s legal rights over his or her fresh or original invention, creative and artistic work, or designs. These shield the original author from copying and infringement. Fashion design is an art form that requires No one can ever dispute the significant contribution that intellectual capital provides to the creation and marketing of products in the fashion industry, whether they are ready-to-wear or high fashion. The fashion industry is heavily dependent on IP that consistently generates and commercially exploits innovative concepts.To safeguard a billion-dollar business that depends on creativity and passion, intellectual property law is essential. The fashion business may only truly thrive if inventors and artists who have produced their work with passion and originality are granted protection. In order to protect fashion designers, fashion houses, and boutique fashion businesses from the harmful practices of imitation, duplication, and piracy, this article aims to investigate the role that intellectual property law plays in the fashion sector. Examining the necessity of intellectual property laws and how they safeguard fashion creations. The relevance of several IP law types in the fashion industry is specifically highlighted in this article. Along with current case-laws from the Indian perspective and outlining the difficulties encountered, it emphasizes how they prevent piracy of the work of various designers and design houses. The article does additional research to obtain a worldwide perspective on the trends from the viewpoints of the US and Europe. Concluding with a review of the regulations’ expansion, protection, and potential advantages for the fashion sector. WHO BENEFITS FROM LEGAL PROTECTION IN FASHION INDUSTRY? A multibillion-dollar global corporation, the fashion industry is engaged in the production and selling clothing. Having more than a million employees globally, it includes the conceptualisation, design, and production of clothing and accessories for men, women, and kids from many ethnic backgrounds and cultures, as well as the eventual sale, marketing, and promotion of these products. From couture ball gowns and caps to pyjamas and socks, it offers the most costly and unique customized haute couture and designer clothes in addition to everyday, lounge attire. The Fashion Industry consists of four-tier system which include mainly: Production of raw materials, such as

The Radical Impact of AI on the Legal Profession: Embracing Innovation and Addressing Ethical Concerns

thelawwaywithlawyers@gmail.com December 30, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-18 ISSUE NO:- 18 , DECEMBER 30, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored by:- Siddiqa Fatima The Radical Impact of AI on the Legal Profession: Embracing Innovation and Addressing Ethical Concerns Abstract: Technology is revolutionizing the legal profession, promising unprecedented efficiency and accessibility, but it also presents challenges that must be carefully addressed. On the forefront of innovation, we see AI-powered research assistants that can instantly navigate vast legal databases, blockchain-based smart contracts that guarantee tamper-proof execution, and online dispute resolution platforms that offer affordable alternatives to traditional litigation. These advancements hold the potential to transform the legal landscape, making justice more efficient and accessible than ever before. However, amidst the excitement, concerns linger. The automation of routine legal tasks raises the specter of job displacement for paralegals and legal professionals. AI algorithms, if not carefully designed and monitored, could perpetuate biases and discrimination, threatening the fairness of legal systems. And the vast amount of sensitive legal data stored electronically calls for robust cybersecurity measures to protect client confidentiality. The future of law isn’t predetermined. It will be shaped by the choices we make today as lawyers, policymakers, and technologists. By embracing technology’s transformative power while proactively addressing its ethical and societal implications, we can create a legal landscape that upholds justice, embraces innovation, and empowers individuals in the digital age. Key areas for exploration and action include reskilling legal workforces to adapt to technological advancements, establishing ethical frameworks for AI in law, strengthening cybersecurity and data protection measures, and leveraging technology to enhance access to justice for all. By working together, we can harness the power of technology to create a legal system that is both innovative and just, serving the needs of all in the digital age. The path ahead demands thoughtful collaboration, responsible innovation, and a steadfast commitment to the core values of justice and equity. By navigating this journey with care and foresight, we can shape a legal future that embraces technology’s promise while upholding the fundamental principles of fairness and equality. Keywords: Artificial Intelligence in Law Legal Profession Transformation Ethical Implications of AI AI-Driven Legal Research “The technological tides are turning, and with them, the practice of law is set to be revolutionized. Artificial intelligence, with its unparalleled speed, unerring accuracy, and unflappable consistency, will redefine the contours of legal service delivery. Given these seismic shifts, the legal profession’s standard of care is on the cusp of a significant evolution.” -Mitch Jackson Introduction: On March 14, 2011, A New York Times headline: “Armies of Expensive Lawyers, Replaced by Cheaper Software.” In the article, Times technology reporter John Markoff described how computers, capable of identifying relevant words , were displacing large numbers of lawyers in discovery practice. The article posed a warning to lawyers as well as other professionals: computers could replace humans in a highly educated, white-collar occupation. Artificial Intelligence (AI) has already made significant advancements in various fields, from healthcare and finance to transportation and communication. But one thing that we need to understand is that AI and automation are not as bad as they sound; intact technology has improved our lives and our job market for hundreds of years since the Industrial Revolution, and the average working hours have fallen from a hundred hours per week in eighteen hundred to forty hours per week right now. Our life expectancy has also drastically improved, from only a fourth of seven in the nineteen seventies to seventy years in the twenty-twenties. So we can see that technology, automation, and automation have improved our lives over the decades. And old jobs are replaced, and new jobs are also created, like product manager, UI/UX designer, etc. As the legal profession becomes increasingly digitized, it is now poised to experience a radical transformation through the integration of AI technologies. The legal profession, known for its complex and meticulous nature, is not exempt from the potential impact of AI. This article explores the extent to which AI is set to transform the legal profession, analyzing its benefits, challenges, and potential outcomes. “Artificial intelligence, in its entirety, will have a massive impact on the legal profession.” – Richard Susskind Will AI Displace Lawyers? Contrary to popular belief, AI is not destined to replace lawyers but rather complement their skills. AI excels at handling repetitive and mundane tasks, such as document review and contract analysis, freeing up valuable time for lawyers to focus on more critical aspects of their work. By automating these tasks, AI can significantly reduce the time and effort required for legal research, resulting in faster and more cost-effective legal services. Automation of Repetitive Tasks: AI’s ability to automate repetitive legal tasks, such as document review, contract analysis, and due diligence, can significantly streamline and speed up processes. By reducing the time spent on routine tasks, legal professionals can focus on more complex and strategic matters, enabling greater efficiency and cost-effectiveness. Enhanced Legal Research: “Artificial intelligence will play a significant role in transforming legal research, enabling efficient access to vast amounts of information,” states Richard Susskind, an influential legal scholar. AI-powered solutions, such as IBM’s Watson, offer sophisticated algorithms capable of analysing complex legal texts and precedent databases with remarkable speed and accuracy. This allows legal professionals to extract insights and identify relevant case law to support their arguments more efficiently. For example, ROSS Intelligence employs natural language processing and machine learning techniques to facilitate legal research. Their AI platform assists lawyers in finding relevant cases, statutes, and secondary legal materials, reducing research time and enhancing the quality of legal analysis. Predictive Analytics and Litigation Strategy: AI’s advanced analytics capabilities can predict legal outcomes based on historical data and patterns. By leveraging AI-powered predictive analytics, lawyers can better assess the likelihood of success in a case, develop informed strategies, and provide clients with more accurate advice. This enables lawyers to allocate resources effectively and deliver more favourable outcomes. Improving Contract Analysis: Contract analysis

THE LEGAL AND ETHICAL BOUNDARIES OF PARENTAL RIGHTS IN SURROGACY ARRANGEMENTS

thelawwaywithlawyers@gmail.com December 30, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-18 ISSUE NO:- 18 , DECEMBER 30, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored by:- Gungun kochar THE LEGAL AND ETHICAL BOUNDARIES OF PARENTAL RIGHTS IN SURROGACY ARRANGEMENTS ABSTRACT Motherhood is often seen as a profound milestone, bringing a sense of fulfilment to many women. However, not all women are naturally granted this gift, as infertility can arise from various factors, such as medical conditions, accidents, or a partner’s reproductive challenges. Fortunately, advancements in science have provided a remarkable solution: surrogacy. Surrogacy, as contrasted with adoption, offers childless couples the opportunity to become parents through a biological connection to their child, which is a life-changing praising for those who are infertile. The longing and need to have a genetically related child are at the focal point of any the procedure. For individuals who are economically disadvantaged and struggle to sustain themselves despite available resources, surrogacy often becomes a necessity a means of livelihood. On the other hand, for those unable to conceive or have their own child, the profound desire for parenthood fuels the demand for surrogacy. Keywords: surrogacy, necessity and desire, facing infertility, parental responsibility, biological identity INTRODUCTION According to Ellen DeGeneres, “the beneficial thing regarding carrying a newborn into the globe is the reality that one has the opportunity to start and grow a family that is formed on affection not just blood.” In India, there has been plenty of discussion about foetal carrier arrangements, which involve a woman carrying and giving birth to an an egg on behalf of a couple or third party. Once a relatively unfamiliar concept, fertility facilitation gained prominence alongside advancements in technology for fertility treatments (ART). For many, childbearing assistance has been transformative, providing a viable path to parenthood that was previously unattainable. As reproductive procedures become increasingly accessible, a growing countless people and spouses struggling with infertility are embracing surrogacy to fulfil their dream of having a child. While collaborative reproduction has brought immense joy to countless families worldwide, it also raises significant moral, ethical, legal, and societal questions that warrant thoughtful consideration and discussion. Parental surrogacy arrangement introduces a nuanced set of challenges and concerns as it transforms the natural process of reproduction into a structured contractual and, at times, commercial arrangement. These complexities play a significant role in shaping the evolving dialogue around surrogacy, encouraging deeper reflection on its ethical, legal, and societal implications. However, this monetization course of action has given rise to notable ethical, legal, and socioeconomic obstacles. The adverse consequences of unregulated third-party reproduction have been brought to attention through growing updates of the exploitation of contractual mothers, inequitable contracts, and disagreements over guardianship The Indian government has responded to growing concerns by introducing legislation aiming to safeguard the liberties and well-being of an embryo mothers, children conceived through gestational carriers, and authorised parents while focussing on the critiques surrounding these methods(dadhich, 2013) The Surrogacy (Regulation) Act, 2021, which forbade commercial egg donation and promoted altruistic gestation, marked a significant change in India’s position on embryo donation, and it has had a significant impact on the enforcement of parenting settlements. Significant negotiations regarding the entitlements and responsibilities of all parties have also been sparked by this new law. This new legislation has had a profound effect on the enforcement of parenting arrangements and has sparked important discussions relating to the privileges and responsibilities of all participants involved. A woman, commonly to as a human embryo contributor, formally commits to carrying an infant to term for expected families who seek the legal transfer of the child when it is born. LITERATURE ASSESSMENT This research undertook an in-depth review of existing literature, drawing on diverse sources to offer a comprehensive understanding of the topic. These were reports from administration and charitable organisations as well as books, legal texts, policy documents, and scholarly pieces from reputable academic journals. Additionally, media accounts, magazines, and printed publications were analysed to capture contemporary public discourse and societal viewpoints. This thorough exploration of multiple sources ensures a well-rounded perspective on the topic, encompassing both legal and social dimensions. The research incorporated an in-depth analysis of the legislative process, judicial decisions, and relevant legal documents to assess the evolving legal landscape surrounding the subject. Both print and digital sources were meticulously examined to ensure a thorough review of both historical and contemporary materials. This approach guaranteed that the study was firmly based on a broad spectrum of credible perspectives and data, offering a well-rounded and up-to-date understanding of the issue at hand. The legal issues surrounding the role of a surrogate mother are explored by author Field Maratha in her book “The Legal and Human Issues.” The laws pertaining to surrogacy are still being debated in several jurisdictions. The legal system governing reproductive problems is deemed insufficient, and the problem is said to be based on value judgements. The general public should be involved in tackling these complicated issues rather than just lawmakers, solicitors, or the judiciary. Maratha emphasizes the need for a range of perspectives to be considered and adapted in order to better address the surrogacy process, along with the rationale to support these perspectives. In a similar vein to the ineffectiveness seen in the adoption process, prenatal contracts should be deemed invalid in the context of surrogacy. Additionally, following embryo donation, it is advised that the mother retain custody of her child without the need to prove to a judge that she is a more suitable parent than the biological father. THE OVERARCHING AIM OF THE ARTICLE Fostering an appropriate perspective on the ethical conundrums, pitfalls of law, and societal effects of unsuccessful conception in India is one of the main goals of this research. The present research proposes to look into substantial issues surrounding how different participant such as expected parents, medical professionals, artificial mothers, and legal authorities have shaped the embryo donation industry. It will specifically look at how societal attitudes, legal frameworks, and cultural norms