Category: Articles

SC Order Grants Dignity To Sex Work But It Is Far From Being Decriminalised

New Delhi: The recent Supreme Court directives on guaranteeing sex workers dignity and constitutional freedoms still leaves some critical problem areas unaddressed and these can only be resolved when the profession is decriminalised, say activists and sex workers’ networks. Apart from the right to unionise, these gaps… Continue Reading “SC Order Grants Dignity To Sex Work But It Is Far From Being Decriminalised”

International Sex Workers’ Rights Day 2022

3rd March is International Sex Workers’ Rights Day. This day’s history goes back to 2001, when over 25,000 sex workers of India gathered in Kolkata for a sex worker festival organised by Durbar Mahila Samanwaya Committee, despite efforts from prohibitionist groups who tried to… Continue Reading “International Sex Workers’ Rights Day 2022”

Surrogacy Regulation is Stuck Between Market, Family and State

Through the years, India’s stand on surrogacy has varied from a medico-liberal to a carceral model, but the best safeguards for surrogates would be empowerment rather than relying on the market or the state for protection. Law has long been the site of intense… Continue Reading “Surrogacy Regulation is Stuck Between Market, Family and State”

Tracing the journey, and flaws, of the surrogacy bill

The government has tried to regulate surrogacy for over a decade. Starting with the permissive 2005 guidelines of the Indian Council for Medical Research, the government has proposed increasingly restrictive bills in 2008, 2010, 2013 and 2014 and has, through notifications of the ministry… Continue Reading “Tracing the journey, and flaws, of the surrogacy bill”

What the new laws regulating fertility services in India say | In Focus podcast

Dr Prabha Kotiswaran speaks to us on whether the new laws protect the interests of couples who want a baby and of the women who would be egg donors or surrogates This month, two bills dealing with fertility services have been passed by Parliament… Continue Reading “What the new laws regulating fertility services in India say | In Focus podcast”

The humpty-dumpty-esque tale of two laws

The Lok Sabha and Rajya Sabha recently passed the Assisted Reproductive Technology (Regulation) Bill, 2021 (ART) and the Surrogacy (Regulation) Bill, 2021 (SRB). Both laws were once a consolidated law which sat on a wall like ‘Humpty Dumpty’ for years. But in 2016, the… Continue Reading “The humpty-dumpty-esque tale of two laws”

New surrogacy law ignores the labour involved in pregnancy

Surrogacy has been in the news recently, most because of actor Priyanka Chopra. But this wasalso the week that the Surrogacy (Regulation) Act (SRA), 2021 came into force. In an interview to Sunday Times. Prabha Kotiswaran, a professor of law and justice at King’s… Continue Reading “New surrogacy law ignores the labour involved in pregnancy”

Assisted Reproductive Technology Bill needs a thorough review

Assisted Reproductive Technology Bill raises constitutional, medico-legal, regulatory concerns. It needs a thorough review. Union Health Minister Harsh Vardhan introduced the Assisted Reproductive Technology (Regulation) Bill, 2020 (Bill) in the Lok Sabha on September 14. Its aim is to regulate ART banks and clinics,… Continue Reading “Assisted Reproductive Technology Bill needs a thorough review”

Counterproductive Regulation of Assisted Reproductive Technologies: A Review of the Assisted Reproductive Technologies Bill, 2020

This article critically engages with the Assisted Reproductive Technologies (Regulation) Bill, 2020 (ART Bill 2020) which is set to draw curtains on a regulatory journey of more than a decade and a half to culminate in a highly restrictive approach. Engaging with the provisions… Continue Reading “Counterproductive Regulation of Assisted Reproductive Technologies: A Review of the Assisted Reproductive Technologies Bill, 2020”

‘No single hand can produce claps’ A Feminist Evaluation of Customers Liability for Availing Sexual Services under Indian law.

by Prabha Kotiswaran. GNLU LAW & SOCIETY REVIEW. Sex work debates around the world are saturated with normative questions around the commodification of women’s bodies and whether selling sexual services is an assault on women’sdignity and human rights or whether it is merely an… Continue Reading “‘No single hand can produce claps’ A Feminist Evaluation of Customers Liability for Availing Sexual Services under Indian law.”