Supreme Court Seeks Centre's Response on Plea Against Exclusion of Transwomen from Surrogacy Law

Legal News by - BAIMANTIKA BISWAS (This News was written by her during her Internship)

It is a noteworthy move looking forward in confronting the comprehensive legal framework within India, the Supreme Court had furnished a notice to the Central Government seeking its response to a petition challenging to the debarring of the trans women from Surrogacy (Regulation) Act, 2021. This legal development has its enough potential in order to renovate the reproductive rights as well as surrogacy laws in India, making it obvious to meet closer to equality and non- differentiation as per the Constitution.

By a group of activists and trans right organizations, the petition being filed. Pleaded that the current surrogacy law, considering to permit only heterosexual couples to undertake the surrogacy arrangements, which is inherently discriminatory. As per the Articles 14, 15, and 21 of the Indian Constitution, the petitioners contend for the debarring of the transwomen and other members of the LGBTQ+ community from the scope of this law as it is a violation of their fundamental rights. As the Article 14 ensures the right of equality before law, Article 15 forbid discrimination on numerous grounds including sex, and Article 21 guarantees for the right to life and personal liberty.

The Surrogacy (Regulation) Act, 2021, was bought upon with the intentions of synchronizing the surrogacy process in India and to curb the oppression of the surrogates in India and to secure the law-abiding practices. Although, the law has also faced condemnations in various restrictive provisions, especially concerning with the eligibility range for the intended parents. As per the act only heterosexual couples married for five or more than five years and age ranging from 23 to 50 for women, 26 to 55 for men respectively are allowed to get opted for the benevolence surrogacy.

The petitioners to postulate that the omission criterion fails to acknowledge the diverse family structures and the propagate or the reproductive rights of the individuals except the heterosexual or cisgender norms. With the exclusion of trans women, the law not only sustains stigma and discrimination but also denies the opportunity to experience parenthood through surrogacy.

At the time of hearing, the bench, having Chief Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul and M.M. Sundresh, recognized the gravity of the issues raise by the petitioners. The bench dwelled upon the need for the law to execute in a manner that brings the societal norms and morals, and verifies that all individuals, notwithstanding of their gender, identity, to have uniform access to reproductive rights.

The Central Government is being granted by four weeks by the Supreme Court to file its response to the plea. Also not to forget about the famous landmark judgement in the NALSA v. Union of India case, where the Supreme Court recognized transgender people as a third gender and confirmed its fundamental rights, this development comes with the crucial times of transgender individuals in India.

The consequences of this case could have far-reaching implications for the LGBTQ+ community in India, positively paving way to more inclusive and progressive legislation. Legal experts and activists are much hopeful about this judicial intervention and will lead to re- advancements of the present surrogacy law and eventually lead to more equitable framework that justifies the rights of all individuals to form families and experience parenthood.

As this legal battle proceeds, the eyes of the nation are on the Supreme Court, awaiting for a verdict that could make a vital step towards inclusivity and equality in India’s legal and social landscape.

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