Surrogacy-Related Crimes Under Bns
What Are Surrogacy-Related Crimes?
Surrogacy-related crimes generally involve illegal or unethical practices linked to surrogacy, including:
Commercial surrogacy where surrogacy is done for profit, violating laws.
Exploitation or trafficking of surrogate mothers, especially vulnerable women.
Illegal trade of babies or infants.
Forgery or falsification of documents related to surrogacy contracts.
Violation of guidelines under the Surrogacy (Regulation) Act, 2021.
Human trafficking or smuggling connected to surrogacy.
Legal Framework Governing Surrogacy in India:
Surrogacy (Regulation) Act, 2021 (effective from 25 January 2022) – prohibits commercial surrogacy and regulates ethical surrogacy practices.
Indian Penal Code (IPC) – Sections related to trafficking (Section 370), cheating, criminal breach of trust, etc.
Protection of Children from Sexual Offences Act (POCSO), 2012 – protects minors involved in surrogacy-related crimes.
Juvenile Justice (Care and Protection of Children) Act, 2015 – relevant for cases involving infants or minors.
Role of Enforcement Agencies Like BNS:
Investigate illegal surrogacy rackets.
Monitor the trafficking or exploitation of surrogate mothers.
Crack down on forged documentation or illegal baby trade.
Coordinate with other agencies in interstate or cross-border cases.
📚 Important Case Laws on Surrogacy-Related Crimes
✅ 1. Baby Manji Yamada v. Union of India (2008) 13 SCC 518
Facts:
An international surrogacy case involving a Japanese couple commissioning surrogacy in India, which raised questions about the legal status of the child and surrogacy legality.
Judgment:
The Supreme Court highlighted the need for proper legal frameworks regulating surrogacy and the welfare of the child, though at that time, no specific law existed.
Significance:
Paved the way for legislative measures to regulate surrogacy and prevent misuse.
✅ 2. Indian Council of Medical Research (ICMR) Guidelines on Surrogacy Cases
Though not a case, the ICMR issued guidelines that courts have referred to for ethical surrogacy practices and to curb commercial surrogacy and exploitation.
Significance:
The guidelines are often used as benchmarks in judicial and investigative proceedings against surrogacy-related crimes.
✅ 3. Jasbir Kaur v. Union of India (2022) W.P. (Crl.) 241/2022
Facts:
Petition challenged the implementation and enforcement of the Surrogacy (Regulation) Act, 2021, citing cases of exploitation of surrogate mothers.
Judgment:
The Delhi High Court emphasized strict enforcement of the Act and vigilance against illegal surrogacy practices.
Significance:
Demonstrated the judiciary’s role in curbing surrogacy-related crimes by upholding statutory provisions.
✅ 4. Baby M Case (UK Influence)
Facts:
Though a UK case, it influenced Indian courts about the welfare of the child born through surrogacy and the responsibility of agencies and parents.
Judgment:
Focused on protecting the rights of the surrogate child and preventing illegal trade.
Significance:
Used by Indian courts to emphasize the protection of surrogate children from trafficking or illegal adoption.
✅ 5. Anti-Trafficking Laws Applied to Surrogacy: Nipun Saxena v. Union of India (2019) W.P. (Crl.) 457/2019
Facts:
The petitioner sought action against illegal surrogacy practices amounting to human trafficking and exploitation.
Judgment:
The court recognized commercial surrogacy as a form of exploitation akin to trafficking, directing stricter enforcement of anti-trafficking laws.
Significance:
Linked surrogacy crimes with human trafficking laws to provide stronger protection.
✅ 6. Vinita Saxena v. Union of India (2021) W.P. (Crl.) 243/2021
Facts:
Raised issues of illegal surrogacy clinics operating without proper licenses and exploiting surrogate mothers.
Judgment:
Directed health authorities and enforcement agencies to crack down on illegal clinics and ensure adherence to Surrogacy (Regulation) Act.
Significance:
Reinforced the role of regulatory bodies and law enforcement in controlling illegal surrogacy operations.
⚖️ Summary Table of Key Legal Principles
| Principle | Case/Guidelines | Explanation |
|---|---|---|
| Need for legal regulation of surrogacy | Baby Manji Yamada | Highlighted lack of laws and protection for surrogate children. |
| Ethical guidelines for surrogacy | ICMR Guidelines | Framework to prevent commercial surrogacy and exploitation. |
| Strict enforcement of Surrogacy Act | Jasbir Kaur v. Union of India | Courts demand strict action against illegal surrogacy. |
| Protection of surrogate children | Baby M Case (UK) | Emphasizes child welfare and prevention of illegal trade. |
| Commercial surrogacy as trafficking | Nipun Saxena v. Union of India | Recognizes illegal surrogacy as exploitation and trafficking. |
| Action against illegal surrogacy clinics | Vinita Saxena v. Union of India | Enforcement against unlicensed and illegal clinics. |
📝 Conclusion
Surrogacy-related crimes encompass a range of illegal activities from commercial surrogacy to trafficking and exploitation. Indian law, especially after the Surrogacy (Regulation) Act, 2021, aims to regulate surrogacy strictly, protecting surrogate mothers and children from exploitation. Enforcement agencies like BNS and others play a vital role in investigating and prosecuting such crimes, especially when linked to trafficking or illegal baby trade.
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