The Kerala High Court (Ernakulam Bench) expressed shock at the apparent exploitation and trafficking of women being used as egg donors, ordering comprehensive reports from authorities and protection for alleged victims.
Several women were taken from the ART Bank premises and housed in the government-run Santhi Bhavan shelter after raids. The police and health department began investigations amid allegations of exploitation, trafficking, and illegal ART practices.
Authorities believed many women, hailing from outside Kerala, had been brought in, lured by money to act as egg donors or future surrogates.
The petition was filed by ART Bank, claiming the women came for screening and medical assistance. ART Bank sought release of the women and protection of its operations, arguing that their detention lacked justification. Counsel for the shelter home highlighted attempts to influence and threaten the women, and asserted systemic exploitation masked by lucrative offers.
The Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha noted global documentation of ART-related exploitation, the emotional toll on donors, the commercialization of reproductive services, and the ethical void in current practices. It did not pass final judgment pending the ongoing investigation but expressed its unequivocal shock and sorrow at the prima facie state of affairs.
The court’s reasoning focused on constitutional guarantees against exploitation, observing that unethical ART industry practices “cut at the root of everything constitutionally guaranteed.” The bench cited the need for urgent action by health authorities and police, criticized the lack of transparency, and stressed that investigation and future regulations must eradicate such tendencies at their root.
The court adjourned the case to 10 October 2025, directing respondents to file a comprehensive action report on all steps taken and proposed, emphasizing vigilance and a proactive stance to prevent future exploitation.
Police and health authorities were reminded of their duty under constitutional imperatives to counter trafficking, commercial exploitation, and abuse in the reproductive technology sector. The court maintained all interim protections for the women involved.
Appearances:
For the Respondent-State: Sri. Sunil Nath, Public Prosecutor
For R6- the Shelter Home: Smt. Ferha Azeez, Sri. Sreerag Shylan, Smt. Sandhya Raju
