Gauhati High Court
Page No.# 1/3 vs Union Of India And 5 Ors on 7 November, 2022
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010222882022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7025/2022
SEEMA CHAKRABARTY AND ANR
W/O- BHASKAR BHATTACHARJEE @ BASHKAR BHATTACHARJEE, R/O-
WARD NO. 12, SILCHAR TOWN, P.S. SILCHAR SADAR, DIST.-CACHAR,
ASSAM
2: BHASKAR BHATTACHARJEE @ BASHKAR BHATTACHARJEE
S/O- LT. SAMARESH KUMAR BHATTACHARJEE
R/O- WARD NO. 12
SILCHAR TOWN
P.S. SILCHAR SADAR
DIST.-CACHAR
ASSA
VERSUS
UNION OF INDIA AND 5 ORS
REP. BY ITS SECY. TO GOVT., DEPTT. OF HEALTH AND FAMILY WELFARE,
SOUTH BLOCK, NEW DELHI- 110001
2:MINISTRY OF HEALTH AND FAMILY WELFARE
REP. BY ITS SECY.
UNION OF INDIA
NIRMAN BHAWAN
C WING
NEW DELHI- 110001
3:MEDICAL COUNCIL OF INDIA
REP. BY ITS DIRECTOR
POCKET 14
SECTOR 8
DWARAKA PHASE-1
NEW DELHI- 110077
4:STATE OF ASSAM
Page No.# 2/3
REP. BY ITS CHIEF SECY. OF GOVT.
SECRETARIAT
DISPUR- 781006
5:THE SECRETARY
DEPTT. OF HEALTH AND FAMILY WELFARE
SECRETARIAT
DISPUR- 781006
6:THE DIRECTOR
ASSAM STATE MEDICAL COUNCI
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
07.11.2022 Heard Shri A Ahmed, learned counsel for the petitioners, who are aggrieved by the restrictions imposed by the Surrogacy (Regulation) Act, 2021.
It is the case of the petitioners, that they had tried IVF technology as well as surrogacy for having a child and the first phase of surrogacy procedure was undertaken on 21.12.2021 whereafter, the new Surrogacy Act had come into effect imposing certain restrictions which cannot be fulfilled in the State of Assam due to want of appointment of competent Authority.
Shri Ahmed, learned counsel for the petitioners, accordingly submits that the petitioners may be allowed to go ahead with the requirements of the earlier Act before coming into effect the Surrogacy (Regulation) Act, 2021.
Issue Notice, returnable by 3 weeks.
Shri K Gogoi, learned CGC accepts notice on behalf of the respondent nos. 1, 2 and 3. Ms. S Sarma, learned State Counsel, Assam accepts notice for the respondent Page No.# 3/3 no. 4 whereas Shri DP Borah, learned Standing Counsel, Health & Family Welfare Department accepts notice on behalf of the respondent nos. 5 and 6.
Extra copies of the petition along with its annexures be served on the learned counsel for the respondents by 2 days.
Steps for service of notice upon the respondent no. 3 be taken by registered post with A/D. Steps within 2 days.
Accordingly, list this case after 3 weeks.
JUDGE Comparing Assistant