Karnataka High Court
Smt Neela Ranganathan vs Union Of India on 20 December, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:53133
WP No. 34740 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 34740 OF 2024 (GM-RES)
BETWEEN:
1. SMT NEELA RANGANATHAN
W/O SRI. JAYAKRISHNNA SHANKAVARAM,
D/O K S RANGANATHAN,
RESIDING AT NO. 4307, 1ST CROSS, 14TH MAIN, NEAR
SUBRAMANYANAGAR SAMUDAYA BHAVAN,
SUBRAMANYANAGAR, BENGALURU NORTH,
SRIRAMPURAM, BANGALORE 560 021.
2. SRI. JAYAKRISHNA SHANKAVARAM.
S/O SHANKAVARAM KRISHNA PRASAD
AGED ABOUT 56 YEARS,
RESIDING AT NO. 4307, 1ST CROSS, 14TH MAIN, NEAR
SUBRAMANYANAGAR SAMUDAYA BHAVAN,
SUBRAMANYANAGAR, BENGALURU NORTH,
SRIRAMPURAM, BANGALORE 560 021.
...PETITIONERS
Digitally signed by B
K
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ., ADVOCATE)
MAHENDRAKUMAR
Location: HIGH
COURT OF AND:
KARNATAKA
1. UNION OF INDIA
THROUGH MINISTRY OF HEALTH AND FAMILY
WELFARE, THROUGH ITS SECRETARY, NIRMAN
BHAWAN, NEW DELHI 011 110.
2. THE KARNATAKA STATE ASSISTED REPRODUCTIVE
TECHNOLOGY AND SURROGACY BOARD,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF KARNATAKA VIKASA SOUDHA,
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NC: 2024:KHC:53133
WP No. 34740 of 2024
BENGALURU - 560 001.
REPRESENTED BY ITS SECRETARY.
3. GOVERNMENT OF KARNATAKA,
DISTRICT MEDICAL BOARD SURROGACY
(REGULATION) ACT, 2021
OFFICE AT THE K C GENERAL HOSPITAL
BENGALURU - 560 003
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...RESPONDENTS
(BY SRI. SADHANA S DESAI., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH SECTION 4(iii)(c)(I)
OF THE SURROGACY (REGULATION) ACT 2021 IS
UNCONSTITUTIONAL, BEING VIOLATIVE OF ARTICLE 14 AND 21 OF
THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners, who are childless, are seeking a surrogacy certificate for medical reasons, as well as eligibility and essentiality certificates, upon fulfilling the conditions laid down under the Surrogacy (Regulation) Act, 2021 (hereinafter referred to as 'the Act').
2. The petitioners, who intend to undergo surrogacy, are beyond the age limit prescribed under Section 4(iii)(C)(I) of the Act, 2021, and therefore seek permission to undergo surrogacy treatment using donor eggs.
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3. In similar circumstances, a coordinate Bench of this Court in the case of H. Siddaraju and Another v. Union of India through its Secretary and Others (2023 SCC OnLine Kar
16) ruled that the petitioners' request for the issuance of an eligibility certificate could be considered by the State Surrogacy Board/Appropriate Authority/Prescribed Authority, subject to the petitioners satisfying the triple test as enumerated in paragraph 25 of the judgment.
4. Therefore, it is expedient to dispose of the petition in terms of the order passed by the coordinate Bench of this Court in the aforementioned case. Accordingly, I pass the following:
ORDER
1. The petition is disposed of, directing the petitioners to approach the State Surrogacy Board/Appropriate Authority/Prescribed Authority with the appropriate application seeking redressal of their grievance.
2. In the event that the petitioners approach the Board/Appropriate Authority within four weeks from the date of receipt of the certified copy of this order, the State Surrogacy Board/Appropriate Authority/Prescribed Authority shall consider the application and pass appropriate orders for the issuance of an eligibility certificate within four weeks thereafter.-4-
NC: 2024:KHC:53133 WP No. 34740 of 2024
3. While doing so, the Board/Authority shall bear in mind the observations made by this Court in WP No.5861/2023 (DD 21.04.2023).
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 54