Science has limits which should not be pushed beyond a point, the Delhi High Court observed on Wednesday while hearing a plea challenging the age limit set for couples to undergo surrogacy procedures under the Surrogacy (Regulation) Act, 2021.A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora expressed concerns as to whether it could tinker with these age limits since they have been prescribed by the legislature based on scientific advice.“Science has some frontiers but please don’t push it so much. We are not going to meddle with science. Let’s respect it. You cannot have a deformed child. Let’s not play around with the unborn child’s life. The age limit in the Surrogacy Act has been prescribed on some scientific basis. We are not going to sit in judgment over the wisdom of the legislature which is based on some scientific advise,” the Court remarkedNevertheless, the Court issued notice in the plea and sought the response of the Central and Delhi governments.It listed the matter for further hearing on May 9, when related cases will be heard.
Surrogacy industry need not be encouraged in India; will turn into billion dollar business: Delhi High CourtThe Court was dealing with a plea filed by a couple challenging Section 4(iii)c(I) of the Surrogacy (Regulation) Act, 2021.Section 4(iii)c(I) provides that a couple intending to go for surrogacy must be married and that the woman should be between the age of 23 to 50 years, while the man should be aged 26 to 55 years on the day of certification.The petitioners have submitted that they will soon cross the upper age limit prescribed in the Act, which will deprive them of the opportunity to have a child.The petitioner couple has further argued that the upper age limit prescribed by the Surrogacy Act is in violation of Article 21 of the Indian Constitution, as it places an unreasonable and arbitrary restriction.They also challenged the order passed by the State-level medical board rejecting their application for a certificate of medical indication.The petition has been filed through Advocate Ranjan Kumar and Ratan Kumar Shukla.
TAGS: Delhi High Court surrogacy Surrogacy (Regulation) Act 2021 age limit scientific basis plea Division Bench Acting Chief Justice Manmohan
