Civil Procedure Code (CPC)

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(Querist) 21 December 2010 This query is : Resolved 
whether the ICMR guidelines on surrogacy are violative to Article 21?

Raj Kumar Makkad (Expert) 21 December 2010
Post those guidelines here to whom you deem violative of Art. 21 of Constitution so that one may compare those and may opine accordingly as sought by you.
Sathyan A.R. (Expert) 21 December 2010
I have seen the guide liness. I am of the violative of life and liberty mentioned in article 21.

These guide lines are for the welfare of the helath both mental and physical condition of teh surrogate mother and also for the health of the baby.

For example the conditons tht no surrogate mother can conceive beyond 45 years. The medical science has found tht the conceving beyond 45 years is detrimental to the health of both. hence i feel these are reasonbale restrictions.
s.subramanian (Expert) 21 December 2010
Yes. The guidelines have been drawn more on health grounds than the legal grounds. Such reasonable restrictions cannot violate Art.21.
DEFENSE ADVOCATE.-firmaction@g (Expert) 22 December 2010
Madam see it from human angle it is a great service for all the participants.
Y V Vishweshwar Rao (Expert) 22 December 2010
I agree with Mr Subramanyan

Any guide lines for welfare of the mother and child, on health grounds , are not violative of article 21.

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