Category Archives: India

Can a ‘Surrogate Mother’ be forced to deliver child by terms of contract or by order of a court?

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In India, there are laws for Contracts and there are laws for enforcement of a contract.

If contract is for sale of land, goods, etc, court can order enforcement of terms of such contracts.

But if contract is of ‘Personal Service, where contract is to perform personal service, such contract cannot be enforced by order of court, though court can award damages.

Contract of ‘Surrogate Mother Service’ are yet new in India. It’s validity is yet to be tested in courts.

But as per my personal view such ‘Contracts of Surrogate Mother Service’ are contracts of performing ‘Personal Service’ and hence court cannot order a surrogate mother to perform as per terms of contract.

Haresh Raichura
27/3/2013

*** After consensual sex, a girl threatens that unless Rs.1 Lakh paid, she’ll complain of Rape. How’ll case go?

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I am not sure. The news laws are scaring.
1) Police is bound by new to register FIR ,
2) Then also bound to get boy/man and girl/woman medical examined.
3) Doctor will find evidence of sex.
4) Police will say his job is over. Case will go to court.
5) Man’s lawyer will say, she was a prostitute and it was consensual sex. But how will he prove this? From where he will get evidence?
6) Meanwhile, if man is Government servant, he may be suspended for being in jail for more than 24 hours.
7) If, man is a reputed person with family, his and his family and children’s social reputation will be destroyed. If boy is in marriageable age, his chances of getting married in good family will be ruined.
8) Lawyers and Judges may try to help him, but how can they if man/boy fails to bring any evidence of consent or any evidence of extortion or any evidence that girl/woman was a prostitution? Courts have decide as per law and as per evidence.
9) In meantime, media will take side of girl/woman, as that is more likely to increase TRP and Viewership.
10) Police may become more corrupt.
11) And, we can do nothing but to watch the operations of laws, destroying fibers of a healthy and progressive society. We live in dark age.
12) I can do nothing but to blog and tweet.
13) May be I am too anxious about misuse of laws. May be I should relax and should try to find humor in the new laws. 😦
Haresh Raichura
27/3/13