The Kerala High Court, sitting in Ernakulam on September 29, 2025, voiced strong concern over alleged exploitation of women linked to an Assisted Reproductive Technology (ART) center. The division bench of Justice Devan Ramachandran and Justice M.B. Snehalatha heard a criminal writ petition filed by Art Bank, represented by its managing director Abdul Muthalif, against the police and health department officials.
Background
The petitioner claimed that women housed at his institution were voluntary "egg donors" who sought screening and medical care. However, the police and health authorities suspected otherwise, alleging violations of the law and hinting at possible human trafficking. The women, mostly from outside Kerala, were taken into custody and moved to a state-run shelter home, Santhi Bhavan, for protection.
Lawyers representing the shelter home informed the court that attempts were made by vested interests to intimidate or influence the women. Counsel Ferha Azeez argued that many of the women were lured into Kerala with promises of quick money, persuaded to become egg donors or even potential surrogate mothers.
Court's Observations
The bench did not mince words about the disturbing facts emerging in the case. "For want of better words, prima facie, we can only say that we are shocked by what we have seen," Justice Ramachandran remarked.
The judges noted how the commercial side of ART was creating a dangerous environment in low and middle-income regions. While acknowledging the medical importance of such technologies, the court warned against their misuse.
"Exploitation cuts at the root of everything constitutionally guaranteed," the bench observed, adding that even a whisper of such practices must invite judicial attention.
The court also expressed unease about the imbalance of power in these transactions. On one hand, desperate couples spend heavily in the hope of having a child; on the other, poor women, often young mothers themselves, are lured by money into compromising situations. The bench described this as "a complex web of deceit, with unscrupulous elements becoming middlemen, controlling the whole scenario."
Another striking observation was the emotional and physical toll of egg donation, which the court said was often hidden from the women involved.
"What shows out is an abject breach of ethical standards and principles, shocking any human mind guided by even the faintest of humanism," the bench wrote.
Decision
While refraining from delivering a final verdict, the judges made clear that the matter cannot be brushed aside. They directed both the police and health authorities to submit a detailed report by October 10, 2025. The report must outline not only the immediate steps taken but also long-term measures to prevent similar exploitation in the future.
The court's order adjourned the case, emphasizing that such practices "must be culled at its roots" and cannot be allowed to flourish in a state known for its high literacy and progressive outlook.
The next hearing has been fixed for October 10, 2025.
Case Title: Art Bank vs. State Police Chief of Kerala & Others
Case No.: WP (Crl.) No. 1035 of 2025 (S)
Date of Order: 29 September 2025