The Kerala High Court has expressed deep concern and “shock” over disturbing allegations of exploitation of women brought into the state purportedly as egg donors or prospective surrogate mothers under the Assisted Reproductive Technology (ART) framework.

A Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha made the observations while hearing a writ petition filed by ART Bank against the State Police Chief, officials of the Health Department, and others.

The case arose from an August raid conducted by the Health Department at a facility where several women were allegedly being housed. Following the raid, the authorities shifted the women to Shanthi Bhavan Shelter Home, prompting the petitioner—an ART clinic—to move the High Court seeking their release, alleging that the women were illegally detained.

The petitioner claimed that the women had voluntarily come for medical screening, but were wrongfully taken into custody by the police and the Health Department. The authorities, however, countered that the petitioner’s activities appeared to involve human trafficking and exploitation under the pretext of ART procedures.

The Court, expressing distress and alarm, observed:

“There are prima facie indications of exploitation under the guise of ART services, and we are shocked by what is seen within the factual matrix of this case.”

The Bench had earlier granted protection to the women, after being informed that there were attempts to influence and threaten them.

Counsel for Shanthi Bhavan, impleaded as an additional respondent, referred to advertisements by the petitioner suggesting that clinics mislead both couples and women seeking ART-related services. The Court examined these advertisements, cautioning that such promotions may exploit the desperation of infertile couples and the financial vulnerability of poor women.

“There is also an exploitation of hope of the intending parents, which makes them even more vulnerable and ready to accept risks. On the other side are unsuspecting women – generally new mothers – lured in by the money offered. This creates a complex web of deceit, with unscrupulous middlemen controlling the entire scenario,” the Court remarked.

Observing that many of the women appeared to be uneducated and economically weak, the Bench said that such circumstances reflect a power imbalance, making them highly susceptible to abuse and coercion.

“Exploitation cuts at the root of everything constitutionally guaranteed; and therefore, it becomes enjoined on us to intervene, when even a whispering semblance of the same is presented before us,” the Court asserted.

The Bench has directed the State authorities to submit comprehensive reports detailing the actions taken and proposed by the next hearing date, set for October 10, 2025.

Case Title: ART Bank v. State Police Chief of Kerala & Ors.
Case No.: WP (Crl.) No. 1035/2025
Counsel for Petitioner: Gikku Jacob
Counsel for Respondents: Sunil Nath, Ferha Azeez, Sreerag Shylan, Devananda S., Sandhya Raju