THE BAN ON COMMERCIAL SURROGACY IN INDIA: A CONSTITUTIONAL EXAMINATION OF WOMEN’S AUTONOMY

The Surrogacy (Regulation) Act, 2021 introduced a comprehensive prohibition on commercial surrogacy in India while permitting only altruistic surrogacy under limited conditions. Although the legislation seeks to prevent the exploitation of women and the commercialization of reproduction, it has generated significant constitutional concerns regarding reproductive autonomy, bodily integrity, and economic freedom. This article critically examines the constitutional validity of the ban through the framework of Articles 14, 19, and 21 of the Constitution of India. It analyses the statutory scheme governing surrogacy and the judicial recognition of reproductive choice, privacy, and dignity as integral components of personal liberty. The article argues that while the State has a legitimate interest in protecting vulnerable women, an absolute prohibition on compensated surrogacy may disproportionately restrict women's autonomy and decision-making capacity. It concludes that a rights-based regulatory framework offering safeguards and regulated compensation would better reconcile protection with constitutional freedoms.