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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