Kerala HC: Exploitation of women in guise of surrogacy programmes shocking

KOCHI: The Kerala High Court has expressed shock over alleged instances of exploitation involving women brought to the state purportedly as egg donors or prospective surrogate mothers under the guise of Assisted Reproductive Technology (ART) programmes. The court observed that the health department and the police have a clear duty to ensure that such exploitation is eradicated and prevented in the future. The court made the observation while considering a petition filed by Abdul Muthalif, managing director of ART Bank, Chengamanad, Ernakulam, seeking the release of seven women who had been brought from other states to Kerala for surrogacy. The police had detained the women following a raid conducted in coordination with health authorities under the ART Act. The petitioner alleged that the women were being illegally detained by the police and sought a directive to produce them before the court. However, the police and other authorities contended that the petitioner was acting in violation of the law and suspected possible exploitation and even human trafficking. All women were reportedly from regions far outside Kerala and, after being taken into custody from the petitioners premises, were housed in Santhi Bhavan, a government-run shelter home. Advocate Ferha Azeez, counsel for the shelter home, submitted that there were several attempts by vested interests to influence or threaten the women. The court observed that its concern was not limited to the financial aspects of the case but extended to the prima facie impression of exploitation of uneducated and naive women from other states, lured by promises of money.