Introduction:

The Supreme Court is currently deliberating on a plea challenging the constitutionality of Section 2(1)(s) of the Surrogacy (Regulations) Act, 2021, which restricts unmarried women from becoming surrogate mothers. The petitioner, a 44-year-old unmarried woman, argues that the provision is discriminatory and violates fundamental rights under Articles 14 and 21. The contentious section specifies that only widows or divorcees aged 35 to 45 qualify as “intending women” for surrogacy.

Arguments of Both Sides:

The petitioner, represented by Advocate Shyamalal Kumar, contends that the provision is highly irrational and unlawfully discriminatory. During the hearing, the Bench of Justices BV Nagarathna and Augustine George Masih expressed concerns about societal norms, emphasizing the traditional view of motherhood within the institution of marriage. The plea also challenges a March 2023 amendment notification, arguing that it is discriminatory and contrary to Rule 14 of the Surrogacy Rules, 2022.

Court’s Judgment:

The Supreme Court is currently awaiting the Central government’s response. Justice Nagarathna’s observations hint at a potential clash between evolving scientific possibilities and traditional societal norms. The court’s decision will significantly impact the understanding of surrogacy, individual rights, and the institution of marriage in the country.