Blog by Niti Manthan
Facilitating young minds towards holistic development.
The Surrogacy (Regulation) Bill, 2019 was presented in the Lok Sabha to encourage altruistic
surrogacy. The administration asserts that managing surrogacy will stop uncontrolled
commercialization of the practice. The commercialization of surrogacy has left a number of
poor women who lend their womb, in a defenseless condition.
This article delves into finding a solution for the extraordinary rise in the population by balancing it with the reproductive rights of an individual.
The right to reproduction and Population Control Policies don't necessarily cause impediments for each other and the two concepts have their independent existence till the time the equilibrium is maintained. But, in recent times due to a rise in population at an extremely rapid rate has led to the question 'whether population control policies can be used to restrict reproductive rights'. This debate came to the forefront when the Uttarakhand High Court on 17 September 2019 in State of Uttarakhand v. Urmila Masih, set aside an order passed by a single judge of the High Court whereby a provision denying maternity leaves to female government servants having two or more living children was struck down as unconstitutional. The essential question that this judgement put forward is whether the judgement considering the current state of population explosion is justified or does it defeat the purpose of the legislation like the Maternity Benefit Act, 1961 which were meant to preserve the private right of a person to reproduce and also provide with conducive terms of employment.
The law and order within a state are maintained through a harmonious balance of administration of Justice, the realization of its existence within the citizens and the importance of the state. The state defines the rights and duties of its citizens. It protects rights and enforces the duties for the welfare of the common people. Law is a very wide subject and covers remedies for every illegal action to provide justice.
According to Sec 302 of the Indian Penal Code, 1860, whoever commits murder shall be punished with death or imprisonment of life, and shall also be liable to fine.
As per Sec 303 of Indian Penal Code, 1860 whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.
Offenses under Sec 302 and Sec 303 of INDIAN PENAL CODE are cognizable, non-cognizable and triable by the Court of Session.