REGULATING SURROGACY IN INDIA: BALANCING ETHICAL CONCERS WITH LEGAL REALITIES

AUTHOR – MEKALA GOPIKA SRI HARSHITA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – MEKALA GOPIKA SRI HARSHITA, REGULATING SURROGACY IN INDIA: BALANCING ETHICAL CONCERS WITH LEGAL REALITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 18-73, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

INTRODUCTION

Surrogate motherhood in India has been a hot topic of legal, ethical, and social discussions for quite some time. Once dubbed the “surrogacy capital of the world,” India became a go-to destination for countless intended parents from around the world, attracted by relatively lower costs and minimal regulations. However, this lack of oversight raised serious concerns about the potential exploitation of surrogate mothers, the commercial exploitation of women’s bodies, and the rights and welfare of children born through surrogacy. In light of these issues, the Indian government has introduced a set of laws that culminated in the Surrogacy (Regulation) Act, 2021, radically changing the legal and ethical landscape of surrogacy in the country.

The Surrogacy (Regulation) Act, 2021, marks a clear transition from commercial to altruistic surrogacy. Under this new law, only altruistic surrogacy is allowed. This means that surrogate mothers can only be reimbursed for medical expenses and insurance costs, with no extra financial rewards permitted. The law explicitly bans commercial surrogacy, aiming to guard against the exploitation of economically vulnerable women who might be attracted to financial offers. This shift tackles long-standing ethical issues surrounding the commodification of motherhood and the risks of coercion and abuse in commercial agreements.

Additionally, the Act lays out strict eligibility criteria for both intended parents and surrogate mothers. Only married heterosexual couples in India, married for at least five years and fitting certain age brackets (women aged 23-50 and men aged 26-55), can pursue surrogacy. They must provide a medical certificate confirming infertility and should not have any surviving biological children, unless they’re dealing with life-threatening conditions or disabilities. Single women—widowed or divorced—aged between 35 and 45 may also qualify, but single men and same-sex couples are clearly excluded, sparking ongoing debates about the fairness and inclusivity of India’s surrogacy laws.

As for surrogate mothers, the law requires that they be a close relative of the intended parents, married, between 25 and 35 years old, and have at least one biological child of their own. Moreover, a woman can only serve as a surrogate once in her lifetime, and every surrogacy arrangement must be sanctioned and registered with the proper authorities. The Act also creates national and state-level regulatory boards to oversee and monitor surrogacy practices, ensuring that all parties’ interests are protected.

LEGAL AND ETHICAL CONSIDERATION OF ROBOTICS IN SURGERY

AUTHOR – MEKALA GOPIKA SRI HARSHITA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – MEKALA GOPIKA SRI HARSHITA, LEGAL AND ETHICAL CONSIDERATION OF ROBOTICS IN SURGERY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 06-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

Robotic surgery has transformed the medical landscape, enhancing precision, minimizing invasiveness, and improving patient outcomes. However, its integration brings about significant legal and ethical challenges that require thorough consideration. Legally, a major concern is around accountability, particularly since multiple parties—surgeons, hospitals, and manufacturers—are involved. The lack of standardized training, credentials, and clear guidelines muddles the issue of liability, leaving all parties exposed to potential legal consequences. Informed consent also takes on a new layer of complexity, as patients need to be well-informed about risks tied to robotic malfunctions, the surgeon’s experience, and available alternatives to ensure they maintain their autonomy.

On the ethical side, critical issues include patient safety, privacy, equal access to care, and professional responsibility. The introduction of robotic systems brings new risks, like technical failures and software glitches, which demand strict safety protocols and continuous training for surgeons to maintain their skills. Moreover, the high costs of these robotic systems raise ethical questions about equitable access, potentially increasing disparities in healthcare. It’s crucial that transparency is prioritized in the informed consent process, allowing patients to fully grasp the benefits, risks, and the surgeon’s level of expertise with the technology.

Additionally, the interaction between humans and machines sparks ethical discussions about accountability and the moral obligations of both surgeons and manufacturers. Key ethical principles—beneficence, non-maleficence, autonomy, and justice—should guide the careful use of robotic surgery. As technology continues to advance quickly, there’s an urgent need to create clear legal frameworks, standardized training, and ethical guidelines to tackle these emerging issues effectively. Failing to do so could erode public trust and impede the safe and equitable adoption of robotic systems in surgical procedures.

While robotic surgery brings remarkable clinical advantages, it also poses intricate legal and ethical dilemmas that we need to address proactively. Crafting thorough regulations, ensuring surgeon competency, and protecting patient rights are crucial steps to ethically and legally unlock the full potential of robotic surgery. The future of robotic surgery hinges on achieving a balance between technological advancements and responsible ethical and legal oversight to ensure the best possible patient care and maintain public trust.

THE ARTIC OCEAN AND THE UNCLOS: LEGAL CHALLENGES IN THE HIGH NORTH

AUTHOR – V.SANKALP, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – V.SANKALP, THE ARTIC OCEAN AND THE UNCLOS: LEGAL CHALLENGES IN THE HIGH NORTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

INTRODUCTION

WHO OWNS THE ARTIC?

American news outlets began to cover the issue of Arctic sovereignty in the summer of 2007.  A deep-sea submersible, paid for by the Russian government, sank 14,000 feet to plant a Russian titanium flag, one metre tall, on the 1,100-mile-long Lomonosov ridge.  Given the existing legal system for resolving Arctic border disputes, many saw Russia’s flag deployment as little more than a PR stunt.  Russia has maintained for over a decade that the Lomonosov ridge is part of its continental shelf and that it has authority over resource exploration and exploitation on the ridge, even if this act alone may not have been enough to form a valid territorial claim.  Two major oil companies, Royal Dutch Shell ($2.1 billion) and ConocoPhillips ($506 million), participated in a 2008 U.S. government lease auction for Alaskan waters in the Chukchi Sea.  Five Beaufort Sea licenses were acquired by BP Exploration Ltd. for $1.2 billion in the same year at a Canadian auction.  Despite delays to its plans in the Chukchi Sea due to the Obama administration’s decision to end offshore drilling following the Macondo well blowout in the Gulf of Mexico in April 2010, Royal Dutch Shell is currently requesting approval to drill in the Alaskan portion of the Beaufort Sea. Cruise lines and other operators are offering more trips to more places in the Arctic as the ice melts, which is leading to an increase in tourism to the region.  Even in the middle of summer, there are dangers to travelling in the Arctic.

ENVIRONMENTAL EXCEPTIONS UNDER GATT ARTICLE XX AND CLIMATE CHANGE: SCOPE AND LIMITATIONS

AUTHOR – DIVYANSHU RATHORE* & DR. UJJAWAL SINGH**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA 

** LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – DIVYANSHU RATHORE & DR. UJJAWAL SINGH, ENVIRONMENTAL EXCEPTIONS UNDER GATT ARTICLE XX AND CLIMATE CHANGE: SCOPE AND LIMITATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 255-261, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

International trade and environmental protection have found their nexus in the age of climate change to become more controversial. At the centre of this discussion is Article XX of the General Agreement on Tariffs and Trade (GATT)^[1], which contains general exceptions that allow member states to take measures that would otherwise be contrary to GATT obligations if they are required to safeguard the health or lives of people, animals, or plants, or if they have to do with conserving finite natural resources. This article scrutinizes the reach and boundaries of Article XX in relation to climate change measures, including carbon tariffs, border adjusters, and prohibition on high-carbon goods.

By doctrinal examination of WTO case law, in particular US–Shrimp, US–Gasoline, and EC–Seal Products, the article examines how the meaning assigned to the chapeau and subparagraphs (b) and (g) of Article XX determines the legality of environmental trade restrictions. It also examines whether existing WTO norms sufficiently allow for timely climate imperatives or set overly burdensome procedural and substantive requirements that unnecessarily restrict the regulatory freedom of states.

The article contends that although Article XX provides a prospective legal basis for climate action, it is constrained by strict requirements of necessity, non-discrimination, and good faith. The analysis identifies a lack of clarity, consistency, and reform of the WTO dispute resolution to reflect better the international community’s consensus on environmental protection and sustainable development. Lastly, it provides suggestions for the interpretation and, if necessary, revision of GATT provisions to ensure they are compatible with global climate objectives under the Paris Agreement.

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[1] General Agreement on Tariffs and Trade art. XX, Oct. 30, 1947, 61 Stat. A-11, 55 U.N.T.S. 194.

LEGAL FRAMEWORK OF ONE PERSON COMPANIES: A COMPARATIVE STUDY BETWEEN UK, US, AND SINGAPORE

AUTHOR – JAPNIT KAUR JAGGI, STUDENT AT UTTARANCHAL UNIVERSITY

BEST CITATION – JAPNIT KAUR JAGGI, LEGAL FRAMEWORK OF ONE PERSON COMPANIES: A COMPARATIVE STUDY BETWEEN UK, US, AND SINGAPORE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 263-270, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One Person Companies (OPCs) are a new development in corporate law, allowing one business owner to have business and legal protections. The legal structures overseeing OPCs in the United Kingdom, the United States and Singapore are discussed in this paper. The report provides an examination of how businesses are formed, governed, face liability, apply tax laws and comply with regulations. It points out the common practices and legal situations in every area and studies the effects of those laws on the development of OPCs. By studying approaches from various legal systems, this study hopes to show how encouraging entrepreneurship can be done without forgetting corporate responsibility.

Keywords: One Person Company, OPC, corporate law, UK company law, US LLC, Singapore company law, business incorporation, regulatory compliance, limited liability.

CLIMATE-INDUCED CONFLICTS: THE UN’S LEGAL OBLIGATION TO PREVENT RESOURCE WARS UNDER CHAPTER VII

AUTHOR – RAMAN PANWAR* & DR. RAMAKANT TRIPATHI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA 

** LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RAMAN PANWAR & DR. RAMAKANT TRIPATHI, CLIMATE-INDUCED CONFLICTS: THE UN’S LEGAL OBLIGATION TO PREVENT RESOURCE WARS UNDER CHAPTER VII, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 240-254, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research provides an analysis of the legal obligations placed upon the UN, especially under Chapter VII of the UN Charter, to wrestle with and avert conflicts spawned by climate changes occasioned by resource scarcity. Climate change being the aggravating factor, it is more and more becoming a threat multiplier among existing vulnerabilities resulting in violent confrontations over the shrinking resources of water, arable lands, and mother food. Based on interdisciplinary evidence, including case studies on Darfur, Syria, and the Lake Chad Basin, the study provides strong empirical and legal foundations by way of an interdisciplinary approach to interpret climate-driven instability as a genuine “threat to the peace” under Article 39. Considering the evolutions in Security Council practice, academic and legal literature, and recent advisory proceedings before the International Court of Justice and the International Tribunal for the Law of the Sea, the study advances the idea that environmental degradation is within Security Council discretion for preventive intervention. Even if sorrows and political opposition arise from some states, the Charter language could be flexibly used to lay down binding enforcement measures like sanctions and peacekeeping missions against a climate-sensitive conflict. It concludes that adapting existing legal formulations to contemporary ecological realities is a matter of legal necessity and political expediency and suggests the next steps toward operationalizing climate-security nexus within the UN legal framework. This, in turn, would increase institutional responsibility to take action before escalating environmental stressors transform into armed conflicts.

Keywords: Climate-induced conflict, Resource wars, UN Charter Chapter VII, Article 39, Climate security, Environmental degradation, International peace, security

THE LEGAL ISSUES THAT STARE AT AUGMENTED/ VIRTUAL REALITY

AUTHOR – RUBAN PAUL P & SHRUTHI V

STUDENTS AT THE TAMILNADU Dr. AMBEDKAR LAW UNIVERSITY (SOEL), CHENNAI – 600 113

BEST CITATION – RUBAN PAUL P & SHRUTHI V, THE LEGAL ISSUES THAT STARE AT AUGMENTED/ VIRTUAL REALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 233-239, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

There is no denying of the impact this revolutionary virtual reality (VR) and augmented reality (AR) technologies are bringing to this world. But with its quick blender in our societies, it gives rise to a multiple of legal issues especially in the area of Indian cyber law. This article discusses few legal issues connected to the Virtual Reality and Augmented Reality, such as intellectual property issues as well as the privacy issues, data security and emerging forms of cybercrime in VR and AR. It examines the interface of these technologies with the already there few legislations in India, such as Copyright Act, 1957 and Information and Technology Act, 2000 and tries to find where it lacks, which might not be appropriate to protect these particular complications of Virtual Reality and Augmented Reality space. The paper also notes for a strict debate on the need for proper regulations to mitigate risks and promote the responsible to the development and use of the Virtual Reality and Augmented Reality in India, ensuring a balance between innovation and the protection of individual rights.

Keywords: Virtual Reality, Augmented Reality, Cyber Law, India, Intellectual Property, Privacy, Cybercrime

WILDLIFE TRAFFICKING : A CRIMINAL LAW PERSPECTIVE

AUTHOR – NEHA GHUGTYAL* & DR. BHAWNA ARORA**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSOCIATE PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – NEHA GHUGTYAL & DR. BHAWNA ARORA, WILDLIFE TRAFFICKING : A CRIMINAL LAW PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 225-232, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Wildlife trafficking has evolved into one of the most lucrative forms of transnational organized crime, posing severe threats to biodiversity, national security, and the rule of law. This study examines wildlife trafficking through the lens of organized crime and criminal law, highlighting the complex, structured networks that facilitate the illegal trade in flora and fauna. By analyzing national and international legal frameworks—including the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the United Nations Convention against Transnational Organized Crime (UNTOC), and domestic penal laws—this research underscores the gaps and limitations in current enforcement mechanisms. The paper also explores how existing criminal law tools, such as asset forfeiture, conspiracy provisions, and anti-money laundering laws, can be leveraged to dismantle criminal syndicates involved in wildlife trafficking. The study concludes with recommendations for strengthening legal responses, enhancing interagency cooperation, and promoting a paradigm shift that treats wildlife trafficking not merely as an environmental offense, but as a serious organized crime demanding robust legal intervention.

INVESTMENT ARBITRATION: A COMPARATIVE STUDY OF CHALLENGES AND PROSPECTS WITH SPECIAL REFERENCE TO INDIA

AUTHOR – MEET BHALLA* & ASST. PROF. SACHIN KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA 

** LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – MEET BHALLA & ASST. PROF. SACHIN KUMAR, INVESTMENT ARBITRATION: A COMPARATIVE STUDY OF CHALLENGES AND PROSPECTS WITH SPECIAL REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 218-224, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

As a main approach for solving disputes between foreign investors and host states, investment arbitration is now prominent under Bilateral Investment Treaties (BITS) and International Investment Agreements (IIAs). Although the system has benefits including impartial status, the enforcement of arbitral decisions and protection for foreign investors, it is now being looked at closely for not being clear, expensive for many, full of delays and inconsistent in certain rulings. Changes in how states and their regulators act have resulted in international changes.

The way India has developed in investment arbitration deserves notice, with many significant disputes and a significant change in approach shown by its Model BIT from 2016. This piece evaluates and compares investment dispute resolution rules in the EU, the US and Latin America, in comparison with ongoing developments in India. The study discusses the issues generated by ISDS, what India did to address them by terminating BITs and seeking new agreements and what this means for its investment climate.

As a result, the paper offers ideas for future actions and proposes steps to align investor support with the country’s needs such as creating strong bilateral treaties, building domestic capacity and increasing transparency. Keywords: Investment Arbitration, Investor- State Dispute Settlement, Bilateral

CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA

AUTHOR – PURVAANSHI SINGH, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – PURVAANSHI SINGH, CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 211-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the constitutional frameworks for emergency powers in three democratic nations: India, the United States, and Canada. Each country’s approach to emergency powers is distinct, shaped by its historical context, legal traditions, and institutional structures. In India, emergency powers are codified in the Constitution, specifically under Articles 352 to 360, which outline the procedures for national, state, and financial emergencies. However, the Indian experience, particularly during the 1975 Emergency, highlights the risks of political misuse when safeguards are weak or overlooked. The United States, on the other hand, lacks explicit constitutional provisions for emergencies, relying on statutory laws like the National Emergencies Act (1976) and the International Emergency Economic Powers Act (1977) to grant broad executive powers. The U.S. model is characterized by flexibility but raises concerns about the concentration of power in the executive branch. Canada’s approach, encapsulated in the Emergencies Act (1988), evolved from the controversial War Measures Act (1914), offering a more structured framework with clear limits, judicial oversight, and parliamentary review. The paper examines how each nation’s emergency powers balance the tension between state security and individual rights, assessing the effectiveness of legal safeguards against the abuse of power. By comparing the constitutional provisions in India, the USA, and Canada, this study provides insights into the challenges and opportunities of maintaining constitutional governance during crises, offering recommendations for future legal reforms.