The Supreme Court has agreed to review whether prohibiting married couples facing secondary infertility from opting for surrogacy to have a second child violates their fundamental reproductive rights, raising key questions on personal choice and family autonomy in India.
The Bombay High Court has ordered a fertility centre to preserve the semen of a deceased 21-year-old to assist his mother in continuing the family lineage. Despite his consent to discard it after death, legal and ethical issues under the Assisted Reproductive Technology Act are being examined. A hearing is scheduled for July 30.
The Supreme Court of India ruled that maternity leave is a fundamental right and cannot be denied based on previous children from a prior marriage. The ruling arose from a case involving a teacher denied leave for her third child. Maternity leave is now affirmed as a part of women’s reproductive rights.
The Calcutta High Court permitted an elderly couple to undergo IVF, disregarding typical age limits for assisted reproductive technology. The couple, married for 30 years and seeking parenthood, argued their financial stability and readiness made them suitable candidates. This ruling sets a notable precedent for older individuals seeking IVF in India.
The Kerala High Court upheld the reproductive rights and dignity of rape survivors, emphasizing the grave mental and physical health risks associated with continuing a pregnancy resulting from rape. The court recognized the fundamental right to autonomy in reproductive decision-making, allowing a 16-year-old survivor to terminate her pregnancy beyond the legally specified timeframe, considering her well-being and future care for the child if the fetus survived.
Justice BV Nagarathna criticized demonetization at the Courts and the Constitution Conference, citing lack of proper decision-making and negligible impact on black money. She emphasized the disproportionate impact on the public, with 98% of demonetized currency returning to the RBI. She also highlighted the judiciary’s role in ensuring a relevant Constitution.
