In a significant move against alleged exploitation in assisted reproductive services, the Kerala High Court has directed the formation of a Special Investigation Team (SIT). This team will probe the illegal surrogacy and egg donation operations linked to a private firm, the ART Bank, located in Ernakulam.
Court Directs Police Chief, Questions Investigation Delay
A division bench comprising Justices Devan Ramachandran and M B Snehalatha issued the order. The bench has also sought specific instructions from the state police chief by the next hearing date, which is set for Wednesday. This directive came during the hearing of a petition filed by the ART Bank itself. The petition sought the release of seven women who were brought from other states to Kerala for surrogacy purposes and were subsequently detained by the police.
The detention followed a coordinated raid conducted by police and authorities under the Assisted Reproductive Technology (ART) Act. Preliminary findings suggested that these women were induced into becoming surrogate mothers or egg donors primarily through financial incentives.
Police Report Reveals Unlawful Activities and Awaited Orders
Earlier, the court had requested detailed reports from both the state health department and the police. These reports were to outline the measures taken and proposed to prevent exploitation under the cover of ART programmes. In response, the Station House Officer (SHO) of Kalamassery police submitted a report revealing crucial information.
The report confirmed that the competent authority under the ART Act had already filed a formal complaint before the Judicial First-Class Magistrate Court in Kalamassery. However, further investigation had not yet begun as officers were waiting for orders from the magistrate's court. The police report also highlighted several unlawful activities uncovered during the initial inquiry.
These activities included:
- Online advertisements offering monetary remuneration.
- Inducement of women to become egg donors or surrogates.
High Court's Firm Stance on Independent Probe
After carefully reviewing the police report, the division bench made a clear observation. The court stated that the police do not need to wait for orders from the magistrate court to initiate a comprehensive and robust investigation into such serious allegations. Expressing the need for a focused and specialized probe, the High Court consequently urged the constitution of an SIT.
The SIT's mandate will be to thoroughly investigate the alleged illegal surrogacy practices at the petitioner institution, the ART Bank. This move underscores the judiciary's intent to address potential regulatory breaches and exploitation in the sensitive domain of assisted reproductive technology within the state.
