The Supreme Court on Tuesday refused to entertain a plea against the Union Health Ministry rules prohibiting donor gametes to couples wanting children through surrogacy. Wikimedia Commons
Fitness and Wellness

SC Refuses New Plea against Rules Barring Donor Gametes to Couples Opting For Surrogacy

A vacation bench of Justices Bela M. Trivedi and Prashant Kumar Mishra said the notification is already under challenge and queried the petitioner's counsel

MBT Desk

The Supreme Court on Tuesday refused to entertain a plea against the Union Health Ministry rules prohibiting donor gametes to couples wanting children through surrogacy.

A vacation bench of Justices Bela M. Trivedi and Prashant Kumar Mishra said the notification is already under challenge and queried the petitioner's counsel, "are you filing this case just for publicity".

Also read:MedSight - Shiv Kumar Nagar

As the bench expressed its disinclination to entertain the petition, the petitioner's requested the court to allow him to withdraw the plea and it dismissed the petition as withdrawn.

On March 14, the Health and Family Welfare Ministry published General Statutory Rules (GSR) 179 (E) which said: (1) a couple undergoing surrogacy must have both gametes from the intending couple and donor gametes are not allowed, and (2) single women (widow/divorcee) undergoing surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.

Infertility has significant negative social impacts on the lives of infertile couples and particularly women, who frequently experience violence, divorce, social stigma, emotional stress, depression, anxiety and low self-esteem.

The plea filed by Nalin Tripathi said: "The said GSR has the effect of frustrating the provisions of the Surrogacy (Regulations) Act, 2021- which is a welfare legislation giving right of parenthood to infertile couples. The said GSR is not only violative of Article 14 & 21 of the Constitution of India, but is also contrary to the objectives of the enactment; therefore, the instant Writ Petition is being filed under Article 32 of the Constitution of India, 1950."

The plea contended that infertility has significant negative social impacts on the lives of infertile couples and particularly women, who frequently experience violence, divorce, social stigma, emotional stress, depression, anxiety and low self-esteem.

"The Judiciary in India too has recognized the reproductive right of humans as a basic right, in B. K. Parthasarthi v. Government of Andhra Pradesh, the Andhra Pradesh High Court upheld 'the right of reproductive autonomy' of an individual as a facet of his aright to privacy' and agreed with the decision of the US Supreme Court in Jack T. Skinner v. State of Oklahoma, which characterised the right to reproduce as 'one of the basic civil rights of man'. Thus, if reproductive rights get constitutional protection, surrogacy which allows an infertile couple to exercise that right, also gets the same constitutional protection," said the plea.  (PB/NewsGram)

Also read:Beyond the Lecture Hall: Embracing the Adventures of Campus Life of PDM University

Also Read

Karnataka HC Ruling Employment Opportunities in Favor of Blind Job Applicants

Govt. Urged to Increase Healthcare Spending as India’s Current Expenditure Falls Below 2% of GDP

CAG Report Highlights Disparities in Healthcare Staffing Across Haryana Districts

FDA Approves First Brain-Administered Gene Therapy for Ultra-Rare Muscle Function Deficiency

New Study Highlights Severe Health Risks of Marijuana Use, Urging Reevaluation of Its Safety