On Monday, the apex court issued a notice to the union government and other agencies on public interest litigation challenging the provisions of the Surrogacy Act, 2021, and the Assisted Reproductive Technology (ART) Act, 2021.

The petition filed by Mr. Arun Muthuvel through advocate-on-record Mrs. Mohini Priya challenged the act, claiming it to be discriminatory and restrictive of individuals. They added that the scheme of the Act made it violative of Article 14.

According to the petition, a blanket ban on commercial surrogacy while allowing only altruistic surrogacy may lead to further exploitation of women within the family, akin to forced labor, and unregulated surrogacy markets.

The plea also noted that both acts were a direct infringement of women′s reproductive rights, which is an integral part of the right to privacy guaranteed under Article 21.

A bench of Justice Ajay Rastogi and Justice CT Ravikumar issued a response from the Ministry of Health and Family Welfare, the Ministry of Women and Child Development, and the ICMR on the plea.