SC to examine plea against provisions of Surrogacy, ART Acts

The plea contended that there has been direct infringement of reproductive rights of woman, integral to right to privacy under Article 21 of the Constitution

The Supreme Court on Monday decided to examine a PIL challenging the validity of the Surrogacy Act, 2021 and the Assisted Reproductive Technology Act, 2021 for making a direct infringement of reproductive rights of women.

A bench of Justices Ajay Rastogi and Justice C T Ravikumar issued a notice to the Union government, seeking a response from the Ministries of Health and Family Welfare, and of Women and Child Development and the Indian Council for Medical Research to the petition filed by a Chennai resident, Arun Muthuvel through advocate Mohini Priya.

The petitioner, an IVF specialist and Managing Director of Iswarya Fertility Services Private Limited, contended an unreasonable blanket ban imposed on commercial surrogacy while allowing only altruistic surrogacy may lead to exploitation of women within the family which is akin to forced labour and unregulated markets.

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It also claimed there was discriminatory and restrictive classification of persons under the scheme of the Acts making it violative of Article 14 of the Constitution.

The plea also contended that there has been direct infringement of reproductive rights of woman, integral to right to privacy under Article 21 of the Constitution.

There have been ambiguities within the Acts as regards to age thresholds, unreasonable mandates raising the cost of surrogacy and lack of transitory provisions.

"The two statutes impose restrictive regime which gravely impinges upon the most basic reproductive right of individuals. In fact, they fail to imagine the various social and economic complexities of infertility and assisted reproduction leave alone address those satisfactorily," it contended.

The petitioner sought a direction for recognising rights of women other than married women above 35 years of age to avail surrogacy as a means of assisted reproductive technique to experience motherhood.

He also sought a direction to include couples other the married man and woman, for surrogacy.