Legal Regulation of the Principles of Bioethics and Biolaw in India

The author provides the analysis of the evolution of the regulation of biolaw and bioethics in India in 1985–2025 (as of early 2026) in the context of socially significant cases of ethical violations (organ trade, abuses in clinical trials, commercial surrogacy), and assessment of the impact of adopted changes on further regulation. Legal regulation of bioethics and biolaw in India has developed in a predominantly reactive manner – in response to practical crises, unlike the directive model of planned codification characteristic of the European Union. The historical core of the system combined the judicial constitutional doctrine of Article 21 of the Constitution of India and delegated regulation by specialized agencies, supplemented since 2021 by parliamentary sectoral legislation; a unified bioethics law remains absent. The research results may be used in Russian doctrine of biolaw and medical law in developing models of comprehensive regulation of bioethical relations.

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Publication Details

Journal
Constitutional and municipal law
Published
2026-10-30
DOI
https://doi.org/10.18572/1812-3767-2026-11-62-64
Primary Topic
Medical and Health Sciences Research
Type
article
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Legal Regulation of the Principles of Bioethics and Biolaw in India

Nikolay N. Smirnov
2 links
Constitutional and municipal law
Medical and Health Sciences Research
article

Legal Regulation of the Principles of Bioethics and Biolaw in India

Nikolay N. Smirnov
article en

Abstract

The author provides the analysis of the evolution of the regulation of biolaw and bioethics in India in 1985–2025 (as of early 2026) in the context of socially significant cases of ethical violations (organ trade, abuses in clinical trials, commercial surrogacy), and assessment of the impact of adopted changes on further regulation. Legal regulation of bioethics and biolaw in India has developed in a predominantly reactive manner – in response to practical crises, unlike the directive model of planned codification characteristic of the European Union. The historical core of the system combined the judicial constitutional doctrine of Article 21 of the Constitution of India and delegated regulation by specialized agencies, supplemented since 2021 by parliamentary sectoral legislation; a unified bioethics law remains absent. The research results may be used in Russian doctrine of biolaw and medical law in developing models of comprehensive regulation of bioethical relations.

Constitutional and municipal law
Peace, justice, and strong institutions
Openalex Percentile: Top 10%
Medical and Health Sciences Research
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