Surrogacy Act 2021: Delhi High Court Seeks Union Government’s Response on Plea Challenging Laws on Surrogacy And Reproductive Technology, Asks Government To File Response Within Six Weeks
(Judicial Quest News Network)
The Delhi High Court on Friday issued notice to the Union Government on a petition challenging the provisions of the Surrogacy Act and the Assisted Reproductive Technology (ART) Act. 2021.
A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sahin Datta noted that the matter requires consideration and asked the Central Government to file its response within six weeks.
The plea was moved through Advocate Aditya Samaddar.
The plea argues that the impugned Acts are ultra vires Article 14 and 21 of the Constitution of India.
The plea has been filed by two individuals, a single unmarried man and married women. Karan Bajaj Mehta, the first petitioner and an Advocate by profession, states that he is desirous of being a father by means of surrogacy.
The Second petitioner is a psychology teacher Pankuri Chandra.
Currently, men and women with children are not allowed to have surrogacy. The petitioners have approached the court questioning this. The petitioners argued that the choice of reproduction has been to be a part of the right to life under Article 21, of the Constitution.
The plea thus challenges Sec.2 (e), 14(2), 21,27 (3) and 31 (1) of the Assisted Reproductive Technology (Regulation) Act,2021 as well as sec. 2(h), 2(s), 2(r),2(zd), 2(zg), 4(ii)(a), 4(ii) and 4(b),4 (iii), 4(II),(C), 8 and Section 38 (1)(a) of the Surrogacy (regulation) Act,2021 as being ultra vire Articles 14 and 21 of the Constitution of India.
“Because the ban on commercial surrogacy, seemingly enacted to protect impoverished women, de-nudes such women from their right over their bodies and denies them the opportunity to exercise agency over their divine right of giving birth. “The plea states.
The petitioners further contended that the personal decision of a single person about the birth of a baby through surrogacy, i.e., the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution. Thus, the right of privacy of every citizen or person to be free from unwarranted governmental intrusion into matters fundamentally affecting a decision to bear or beget a child through surrogacy cannot be taken away. In the simplest of terms, the right to commission surrogacy, to found a family, to procreate is a personal decision which cannot and should not have government intrusion in a democratic society.
The petitioners further submitted that the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution. Thus, the right of privacy of every citizen or person to be free from unwarranted governmental intrusion into matters fundamentally affecting a decision to bear or beget a child through surrogacy cannot be taken away. In the simplest of terms, the right to commission surrogacy, to found a family, to procreate is a personal decision which cannot and should not have government intrusion in a democratic society.
