Kerala HC expresses shock over alleged trafficking of women for assisted reproductive technology
Counsel for Shanthi Bhavan, which was later made a respondent, submitted that advertisements issued by the petitioner misled couples and women by promising treatment and monetary benefits.
Counsel for Shanthi Bhavan, which was later made a respondent, submitted that advertisements issued by the petitioner misled couples and women by promising treatment and monetary benefits.
Counsel for Shanthi Bhavan, which was later made a respondent, submitted that advertisements issued by the petitioner misled couples and women by promising treatment and monetary benefits.
Kochi: The Kerala High Court has expressed deep concern over alleged cases of exploitation involving women brought to the state under the guise of Assisted Reproductive Technology (ART) programmes. The court observed that the incidents point to possible human trafficking and misuse of ART procedures.
A Division Bench of Justice Devan Ramachandran and Justice M B Snehalatha made the observations while hearing a writ petition filed by an ART Bank against the State Police Chief, Health Department officials, and others. The plea sought the release of several women housed at the Shanthi Bhavan shelter home following a raid by the health department in August.
The petitioner claimed that the women had voluntarily visited the clinic for medical screening but were later taken into custody by the police and health officials. The authorities, however, argued that the petitioner's operations were illegal and involved elements of exploitation and trafficking.
The court said it was “shocked by the factual matrix of the case” and noted “prima facie indications of exploitation” of both the women and the couples seeking ART services. The bench had earlier granted protection to the women after reports that they were being threatened or influenced.
Counsel for Shanthi Bhavan, which was later made a respondent, submitted that advertisements issued by the petitioner misled couples and women by promising treatment and monetary benefits. The court observed that such promotions prey on the “hope of intending parents” while luring “unsuspecting and financially vulnerable women – often new mothers – into a complex web of deceit controlled by middlemen.”
The judges remarked that such exploitation “cuts at the root of everything constitutionally guaranteed” and stressed the need for judicial intervention whenever even a “whispering semblance” of exploitation emerges.
The court has directed the authorities to submit comprehensive reports on the action taken and proposed by the next hearing date. The case will be taken up again on October 10.
(With LiveLaw inputs.)