Abstract

http://ssrn.com/abstract=1757784
 


 



Surrogate Parenthood for Indian Homosexuals – Dream or Reality?


Nishant Chaturvedi


Hidayatullah National Law University

Priyesh Sharma


Hidayatullah National Law University

Karandeep Makkar


Khaitan and Co

February 8, 2011


Abstract:     
This idea of sex without the possibility of conception has been used by the judiciary over the last 140 years to characterize homosexuality as a ‘perversion’, ‘despicable specimen of humanity’, ‘abhorrent crime’, ‘result of a perverse mind’ and ‘abhorred by civilized society’.

With the judgment of Delhi High Court , there can be expected a change in the situation both at the social and legal platform. However the same has been countered by religious groups. Although rights may be granted legally, they cannot be enforced unless there is a favourable social climate. With this, several concerns and controversies have been raised at the same time. The nation stands divided on the point. Other than the issue of enforceability, another major concern or more precisely “confusion” is regarding the legal consequences of this judgement; since it only “decriminalizes” the section 377 and has not legalized it yet. The focus of authors in this article would be mainly on the Right of Indian homosexuals to have surrogate children in the light of this recent Delhi HC judgment .

India serves innumerable single and same-sex intended parents who wish to have a child through surrogacy. With our experience, we find that single and same-sex parents are a lot aware of their rights, much more than what a heterosexual intended parent usually does. Now, India has opened itself with welcoming hands for embracing this world of homosexuality. The gay community can now proudly come forward to announce themselves as what they are. Now at least, it is not criminal to be what they are.

Number of Pages in PDF File: 16

Keywords: homosexuality, surrogate parents, indian penal code

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Date posted: February 10, 2011  

Suggested Citation

Chaturvedi, Nishant and Sharma, Priyesh and Makkar, Karandeep, Surrogate Parenthood for Indian Homosexuals – Dream or Reality? (February 8, 2011). Available at SSRN: http://ssrn.com/abstract=1757784 or http://dx.doi.org/10.2139/ssrn.1757784

Contact Information

Nishant Chaturvedi (Contact Author)
Hidayatullah National Law University ( email )
Uperwara Post, Abhanpur,
New Raipur, Chattisgarh 493661
India
09826849198 (Phone)
Priyesh Sharma
Hidayatullah National Law University ( email )
Uperwara Post, Abhanpur,
New Raipur, Chattisgarh 493661
India
Karandeep Makkar
Khaitan and Co ( email )
Bangalore, Karnataka
India
Feedback to SSRN


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