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Supreme Court seeks answer from the government on surrogacy law

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The Supreme Court of a division bench of Justice BV  Nagarathna and Justice Ujjwal Bhuyan has issued a notice  seeking response from the government on a petition which is  filed by a practicing lawyer challenging the provisions of the  Surrogacy Act. Further action on this petition will be taken after  receiving the response. Actually, there are some provisions in  the surrogacy law so that unmarried women cannot avail the  benefits of surrogacy. Challenging this, the petitioner has filed a  petition against it in the Supreme Court. Now the Supreme  Court will proceed with the hearing only after the government’s  response to this application. 

The petition, who has argued that she has the right to  reproduction and motherhood even without being married. The  petition said that the right to reproduction and motherhood has  been recognized by the Supreme Court in various decisions. The  petition argued that this right not only extends to reproduction  through natural conception, but should also include the right to  freely access scientific and medical advances that would help in  realizing the right to reproduction and motherhood can, such as  surrogacy and assisted reproductive technology. Otherwise, the  said rights will have no meaning. The petitioner pointed out that  Section 2(1)(s) of the Act bars single, unmarried women from  availing the benefits of surrogacy, but allows it for  divorced/widowed women.

New Delhi, December 05 (UNI) The Supreme Court on Tuesday  issued this notice to the Central Government on a petition  seeking to quash the provision of the Surrogacy Act that  prevents single unmarried women from having children through  surrogacy. After hearing the arguments of senior advocate  Saurabh Kirpal, appearing for the petitioner, and Additional  Solicitor General Aishwarya Bhati, representing the Centre.  Arguing before the bench, Shri Kirpal said that there are  massive flaws in the existing surrogacy law. These violate  Article 14 (equality before law) and Article 21 (right to life) and  personal liberty of the Constitution. The petition states that this  provision (preventing the birth of a child through surrogacy)  violates the petitioner’s right to reproduction, right to a  meaningful family life and right to privacy. All these are aspects  of fundamental rights under Article 21 of the Constitution. 

Name : Kavya Jaggi, College : Jai Narain Vyas University , Jodhpur , Rajasthan Semester : 5th Semester intern under legal vidhiya. 

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