Assisted Reproductive Technology (Regulation) Act, 2021
Context:
The Delhi High Court has issued a notice to the Union government on a Public Interest Litigation (PIL) challenging specific provisions of the Assisted Reproductive Technology (Regulation) Act, 2021.
The plea questions the legal mandate to destroy unused frozen embryos rather than allowing them to be donated to other infertile couples
Key Provisions Under Challenge:
While the Act permits embryos to be created using donor sperm and donor eggs, it strictly prohibits the donation of unused frozen embryos for reproductive use by another couple.
The law mandates that unused embryos can be stored for a maximum of 10 years.
After this period, they must either be "allowed to perish" or donated for research purposes, but cannot be transferred to another consenting couple.
Constitutional Arguments:
Violation of Article 14:
The petitioner argues that the distinction between permitting gamete donation (sperm/eggs) and prohibiting embryo donation lacks "intelligible differentia."
This arbitrary classification is argued to fail the test of equality.
Violation of Article 21:
The plea asserts that reproductive choice is intrinsic to the right to life, dignity, and privacy.
By denying embryo donation as a medically recognized option, the state is creating an "unwarranted intrusion" into the decisional autonomy of couples.
The petition highlights the ethical paradox where the law compels the destruction of viable embryos even when the original couple is willing to donate them to a recipient couple in need.
Significance:
With 27-30 million couples in India facing infertility, IVF remains prohibitively expensive for many.
Embryo donation could serve as a regulated, ethical, and cost-effective alternative to the long waiting periods associated with traditional adoption.