Supreme Court - Daily Orders
Arun Muthuvel vs Union Of India on 9 January, 2024
Bench: B.V. Nagarathna, Sanjay Karol
REVISED
ITEM NO.39 COURT NO.12 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION(S)(CIVIL) NO(S). 756/2022
ARUN MUTHUVEL Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No. 181650/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 19266/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 181569/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 179193/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 4734/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 78519/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 179058/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 205942/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 197034/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 50195/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 50391/2023 - CLARIFICATION/DIRECTION
IA No. 235190/2023 - INTERVENTION APPLICATION
IA No. 181719/2022 - INTERVENTION/IMPLEADMENT
IA No. 50188/2023 - INTERVENTION/IMPLEADMENT
IA No. 19264/2023 - INTERVENTION/IMPLEADMENT
IA No. 78516/2023 - INTERVENTION/IMPLEADMENT
IA No. 173949/2022 - INTERVENTION/IMPLEADMENT
IA No. 205941/2022 - INTERVENTION/IMPLEADMENT
IA No. 169226/2022 - INTERVENTION/IMPLEADMENT
IA No. 50390/2023 - INTERVENTION/IMPLEADMENT
IA No. 150600/2022 - INTERVENTION/IMPLEADMENT
IA No. 196980/2022 - INTERVENTION/IMPLEADMENT)
WITH
W.P.(C) No. 931/2022 (X)
(FOR)
W.P.(C) No. 1129/2022 (X)
(FOR ADMISSION)
W.P.(C) No. 42/2023 (X)
(IA No. 8968/2023 - APPLICATION FOR FILING THE PETITION WITHOUT
DISCLOSING THE IDENTITY OF THE PETITIONER/RESPONDENT
IA No. 14205/2023 - APPROPRIATE ORDERS/DIRECTIONS)
W.P.(C) No. 164/2023 (X)
(FOR ADMISSION)
Signature Not Verified
Digitally signed by
RADHA SHARMA
Date: 2024.01.19
W.P.(C) No. 522/2023 (X)
15:28:27 IST
Reason:
(FOR ADMISSION)
1
W.P.(C) No. 487/2023 (X)
(FOR ADMISSION
IA No. 90140/2023 - GRANT OF INTERIM RELIEF
IA No. 190740/2023 - INTERVENTION/IMPLEADMENT
IA No. 164088/2023 - INTERVENTION/IMPLEADMENT
IA No. 162623/2023 - INTERVENTION/IMPLEADMENT
IA No. 154907/2023 - INTERVENTION/IMPLEADMENT
IA No. 116569/2023 - INTERVENTION/IMPLEADMENT
IA No. 115323/2023 - INTERVENTION/IMPLEADMENT)
I.A. No.191808/2023
I.A. NO.208062/2023
I.A. No.196800/2023
I.A. No.191978/2023
I.A.No.265815/2023
W.P.(C) No. 830/2023 (X)
(IA No.161812/2023-STAY APPLICATION)
W.P.(C) No. 1316/2023 (X)
(FOR ADMISSION)
Date : 09-01-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
HON'BLE MR. JUSTICE SANJAY KAROL
For Petitioner(s) Ms. Radhika Gautam, Adv.
Mr. Mayank Pandey, AOR
Ms. Neelam Singh, AOR
Mr. Akshat Srivastava, AOR
Ms. Mohini Priya, AOR
Mr. Malak Manish Bhatt, AOR
For Respondent(s) Ms. Aishwarya Bhati, ASG
Mr. Gurmeet Singh Makker, AOR
Mr. Trideep Pais, Sr. Adv.
Ms. Shreya Munoth, AOR
Mr. Gautam Bhatia, Adv.
Ms. Sitamsini Cherukumalli, Adv.
Ms. Ameyavikrama Thanvi, AOR
2
Mr. Ivan, AOR
Mr. Vivek Mathur, Adv.
Mr. Siddharth Agarwal, Adv.
Mr. Alok K Singh, Adv.
Mr. Bablu, Adv.
UPON hearing the counsel the Court made the following
O R D E R
I.A. No.191808/2023 in W.P. (C) No.487/2023:
Pursuant to the order dated 05.12.2023 and the directions issued therein, the office of Chief Medical Officer, Meerut issued the Medical Board Certificate vis-a-vis this petitioner (Smt. Arushi Goel). On perusal of the said Certificate, it is noted that she is suffering from Mayer Rokitansky Kuster Hauser Syndrome (MRKH). As a result, her uterus and fallopian tubes are undeveloped and she is not in a position to produce oocytes.
In the circumstances, the earlier order passed by this Court on 05.12.2023 is followed in the case of this applicant also.
Consequently, following the earlier order, the amendment of paragraph (1)(d)(i) in Form 2, which is the consent of the surrogate mother and agreement for surrogacy read with Rule 7 of the Surrogacy (Regulation) Rules, 2022 made under the Surrogacy (Regulation) Act, 2021, is stayed insofar as this petitioner is concerned.
It is needless to observe that if the applicant otherwise fulfills all other conditions mentioned in the Act, she is entitled to proceed with the process of surrogacy.
This I.A. is disposed of, accordingly.
3 W.P. (C) No.487/2023:
This Court received medical reports in respect of four applicants namely Smt. Sreelekshmi C, Smt. Smitha C, Smt. Prabha R and Smt. Preetha R. Certificates submitted by the concerned District Medical Officers to the Registry of this Court were perused by both the learned counsel for the petitioner(s) as well as the learned ASG appearing in the matters.
Insofar as Smt. Smitha C who is one of the petitioners in W.P. (C) No.487/2023 is concerned, we find that the Medical Report has not categorically stated as to whether any of the circumstances or contingencies mentioned in Rule 14 applies to the said petitioner.
Hence, the District Medical Office of Health, Malappuram, Kerala State to submit the Report clarifying the medical condition of the said petitioner and as to whether there is any impediment for her to produce oocytes or she would have to depend upon donor’s oocytes for the purpose of surrogacy. The said report shall be submitted to this Court on or before 05.02.2024.
The Registry to transmit a copy of this order to the District Medical Office (Health), Civil Station, Malappuram, Kerala State.
Insofar as three other petitioners namely, Smt. Sreelekshmi C, Smt. Prabha R and Smt. Preetha R, there shall be stay of paragraph (1)(d)(i) in Form 2 read with Rule 7 of the Surrogacy (Regulation) Rules, 2022 made under the Surrogacy (Regulation) Act, 2021.
I.A. NO.208062/2023 in W.P. (C) NO.487/2023:
Insofar as this applicant namely, Smt. Pushpita Padhi is concerned, there shall be stay of the said amendment in paragraph 4 (1)(d)(i) in Form 2 read with Rule 7 of the Surrogacy (Regulation) Rules, 2022 made under the Surrogacy (Regulation) Act, 2021.
I.A. No.196800/2023 in W.P. (C) NO.487/2023:
The said application is taken on record.
Petitioner’s counsel submitted that the case of the applicant namely Smt. Preetha Juby may also be referred to the Medical Board, Alappuzha at Kerala so as to seek a Medical Report vis-a-vis Rule 14 of the Surrogate Rules.
In the circumstances, the applicant is directed to appear before the concerned Medical Board on 22.01.2024 at Alappuzha, Kerala.
The Report to be submitted by 05.02.2024.
I.A. No.191978/2023 in W.P. (C) No.487/2023:
On perusal of the Medical Report dated 20.12.2023 in case of petitioner namely, Smt. Sushma, we find that the aforesaid interim order must apply to her case also.
I.A.No.265815/2023 in W.P. (C) No.487/2023 This applicant namely Smt. R. Uma Maheshwari is also referred to the concerned District Medical Board, Chennai to appear before the concerned Medical Board on 22.01.2024.
The Report to be submitted by 05.02.2024.
5 Rest of the Matters:
The Registry to ascertain whether the reports from the State of West Bengal and Mumbai have been received as per our earlier order and if so, to put up on 05.02.2024.
(RADHA SHARMA) (MALEKAR NAGARAJ)
COURT MASTER (SH) COURT MASTER (NSH)
6