Another petition in Supreme Court challenging provisions of Surrogacy and ART Act

New Delhi [India], January 10 (ANI): Another petition was filed in the Supreme Court challenging various provisions of the Surrogacy and Assisted Reproductive Technology (Regulation) Bill, 2021.

The matter was heard by a bench of Justice Ajay Rastogi and Justice Bela M. Trivedi on Monday, which issued notice to the Centre and tagged the matter with another similar petition.

The court has listed the matter for further hearing on January 24, 2023. The petition was filed on behalf of more than 200 Medical practitioners who claimed that they have challenged several restrictive and unscientific provisions of the ART Act, 2021 and they have raised concerns about the lack of provision for monetary compensation to oocyte donors in IVF alongwith other unscientific restrictions and the number of donations an oocyte donor can make which is not just unscientific but a violation of oocyte donors right to donate which is part of reproductive autonomy under Article 21 of the Constitution.

The counsel appearing for the petitioner, Mohini Priya argued that certain categories of persons like single women, single men, same-sex couples and live-in couples have been completely excluded by the Act and there are constitutional issues to be considered by the Court, to which the Court agreed.

Apart from this, the petitioners have also challenged the provision wherein medical practitioners have been brought within the purview of the IPC and offences have been made cognizable, which is having a chilling effect on IVF practitioners across the country dissuading them from performing their professional duties due to the fear of prosecution.

Meanwhile, the court has asked the Central Government to make a representation to the National Board which has been constituted in December 2022, to consider the prayers in the petition and thereafter file a reply.

The Assisted Reproductive Technology (Regulation) Bill, 2021 seeks to provide for the regulation of Assisted Reproductive Technology services in the country.