Syllabus: GS2/ Health
In News
- In a landmark judgment, the Supreme Court ruled that the age restrictions under the Surrogacy (Regulation) Act, 2021, cannot be applied retrospectively to couples who had frozen embryos and initiated the surrogacy process before the Act came into force.
SC Observations
- Doctrine of Fairness: Retrospective laws that impair vested rights or impose new burdens violate the principle of fairness and legal certainty.
- Right to Privacy and Bodily Autonomy: Derived from K.S. Puttaswamy (2017), reproductive decisions fall within the private domain of individuals as reproductive autonomy is a part of the fundamental right to life and personal liberty under Article 21
- Gender and Equality Lens: Restrictive interpretation disproportionately affects women, who already face biological and social constraints in reproductive choices.
About the Surrogacy (Regulation) Act, 2021
- Objective: To regulate surrogacy procedures in India and permit only altruistic surrogacy; commercial surrogacy is prohibited.
- Intending couple eligibility (prospective): Indian citizens, married ≥5 years; woman 23–50, man 26–55; medical infertility required.
- Surrogate eligibility: A married woman with at least one child of her own and should be aged 25–35 years.
- Institutional architecture: National/State Surrogacy Boards; Appropriate Authorities for licensing, compliance, and ethics.
- Penalties: Commercial surrogacy, embryo/gamete sale can attract up to 10 years’ imprisonment and fines up to ₹10 lakh.
Source: TH
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