Assisted Reproductive Technology involving exploitation and human trafficking : Court expresses shock

Kerala High Court Orders Investigation into ART Practices Amidst Allegations of Exploitation and Human Trafficking. Court Expresses Concern Over Ethical Breaches and Exploitation of Vulnerable Women in ART Procedures

In a significant move addressing the burgeoning concerns surrounding Assisted Reproductive Technology (ART) practices, the Kerala High Court has directed a comprehensive investigation into allegations of illegal detention, exploitation, and possible human trafficking of women in ART procedures. The court, comprised of Justices Devan Ramachandran and M.B. Snehalatha, was visibly perturbed by the prima facie evidence suggesting severe ethical violations and exploitation of women lured by financial incentives.

The case was brought forth by Art Bank, which is accused of acting contrary to the law, with authorities suspecting exploitation and human trafficking. The petition involved several women, reportedly from states outside Kerala, who were allegedly enticed to become egg donors or surrogate mothers under misleading pretenses. These women, after being taken into custody, were housed in a government-run shelter home, 'Santhi Bhavan.'

Advocates Ferha Azeez and Sandhya Raju, representing the shelter home, highlighted attempts by vested interests to influence and threaten the alleged detainees. They emphasized the deceptive advertisements and misleading practices employed by various entities, including the petitioner, to draw in vulnerable women and couples seeking ART services. The court, recognizing the complexity and emotional toll involved in ART procedures, underscored the power imbalance and lack of transparency that exacerbates the exploitation of uneducated and naive women.

The judgment called for an urgent and thorough investigation by the Health Department and the Police to root out any malpractices. The court noted the significant financial stakes involved in ART, which have led to questionable practices that compromise ethical standards and constitutional guarantees. The judgment is a clarion call to safeguard the rights and dignity of women and ensure that ART practices adhere to ethical and legal standards.

The court adjourned the matter for further hearing on October 10, 2025, directing the respondents to submit comprehensive reports on the actions taken and proposed measures to prevent such exploitation in the future. The ongoing investigation is expected to shed light on the alleged unethical practices and ensure accountability and transparency in the ART sector.

Bottom Line:

Alleged illegal practices in Assisted Reproductive Technology (ART) involving exploitation and human trafficking-Court expresses shock at the prima facie evidence of exploitation of women lured by financial incentives and promises, leading to a possible breach of ethical and constitutional standards.

Art Bank v. State Police Chief of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2790904