Supreme Court to hear plea on surrogacy rights for divorced men challenging Surrogacy Act 2021 provisions.
SUPREME COURT TO HEAR DIVORCED MAN’S SURROGACY RIGHTS PLEA
Case in News
The Supreme Court of India is set to examine if a divorced man can claim surrogacy rights under the Surrogacy Act 2021 .
Case Overview
Case Name: Dr. Maheshwara M.V vs Union of India
The Supreme Court of India comprising Justice BV Nagarathna and Justice KV Viswanathan has agreed to hear a plea challenging the constitutional validity of Section 2(1)(s) of the Surrogacy Act 2021 . The petition filed by a 45-year divorced man argues that the Act discriminates against single and divorced men by denying them access to surrogacy while permitting widowed and divorced women between 35-45 years to avail it . The petitioner claims this violates fundamental rights under Articles 14, 15 and 21 of the Indian Constitution . The Supreme Court has issued notice and listed the matter for detailed hearing in July .
Key Aspects
- The Act permits only widowed and divorced women (35-45 years) to avail surrogacy excluding divorced men.
- The divorced man argues that such exclusion is arbitrary, discriminatory and lacks rational justification.
- The plea stresses the violation of reproductive freedom and bodily integrity.
Legal Insights
- Article 14 : Discriminatory classification between divorced men and women fails equality and reasonability tests .
- Article 15(1) : Gender based exclusion violates the principle of non-discrimination .
- Article 21 : Right to make reproductive choices, privacy and bodily freedom (stating K.S. Puttaswamy and Suchita Srivastava rulings).
- Transformative Constitutionalism: References the cases of Navtej Singh Johar and Joseph Shine advocating progressive constitutional interpretation .
- Conflict with Adoption Laws: Single men are permitted to adopt under Juvenile Justice Act and Hindu Adoption and Maintenance Act.
Court’s Verdict
The Supreme Court of India has issued notice and will examine the constitutional challenge in July . Final judgment on granting surrogacy rights to a divorced man is awaited .
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