SC notices to centre, others on PIL challenging provisions of Surrogacy Act, 2021, Assisted Reproductive Technology Act, 2021

The Supreme Court on Monday issued notices to the Centre and others on Public Interest Litigation challenging the vires of the Surrogacy act, 2021 and the Assisted Reproductive Technology Act, 2021. A bench of Justice Ajay Rastogi and Justice CT Ravikumar issued responses from the Ministry of Health and Family Welfare, the Ministry of Women and Child Development and the ICMR on the plea.

The petition said that an unreasonable blanket ban on commercial surrogacy while allowing only Altruistic surrogacy may lead to further exploitation of women within the family akin to forced labour, and unregulated markets for surrogacy. The petition primarily challenges the Act because the discriminatory and restrictive classification of persons under the scheme of the Act makes it violative of Article 14.

The petition said that direct infringement of women's reproductive rights is integral to the right to privacy guaranteed under Article 21. The petitioner pointed out the ambiguities within the Acts regarding the age thresholds, unreasonable mandates raising the cost of surrogacy and lack of transitory provisions.

Arun Muthuvel filed the petition through advocate-on-record Mohini Priya. (ANI)

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