Supreme Court of India
Vijaya Kumari S & Another v. Union of India
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that Section 4(iii)(c)(I) does not have retrospective operation and therefore, would not apply to the petitioners and applicants who are the intending couples.
Judgment, page 48
From the headnote
Issue for Consideration Issue arose whether the age-restrictions u/s.4(iii)(c)(I) of Surrogacy (Regulation) Act, 2021 should be applied to intending couples, all of whom had commenced the surrogacy process, to the extent of having their embryos frozen, before the enforcement of the Act. Headnotes† Surrogacy (Regulation) Act, 2021 – s.4(iii)(c)(I) – Regulation of surrogacy and surrogacy procedures – Application of the age-restrictions on ‘intending couples’ u/s.4(iii)(c)(I) who had frozen their embryos, before the enforcement of the Act – Act of 2021 Act came into force wef 25.01.2022, whereby
Authorities it was built on
- 2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors.
- 1994 Hitendra Vishnu Thakur and Ors. v. State of Maharashtra and Ors.
- 2014 Commissioner of Income Tax (central)-1, New Delhi v. Vatika Township Private Limited
- 2009 Suchita Srivastava & Anr. v. Chandigarh Administration
- 2012 Monnet Ispat & Energy Ltd. v. Union of India and Ors.
- 2004 Zile Singh v. State of Haryana and Ors.
- 1994 R. Rajagopal@ R.R. Gopal and Anr. v. State of Tamil Nadu and Ors.
- 2003 Javed and Ors. v. State of Haryana and Ors.
- 1997 K. Gopinathan Nair Etc. v. State of Kerala
- 1965 Amireddi Rajagopala Rao and Others v. Amireddi Sitharamamma and Others
- 2006 S.L. Srinivasa Jute Twine Mills P. Ltd v. Union of India and Anr.
- 1960 M/s. Universal Imports Agency and Others v. The Chief Controller of Imports and Exports and Others. (and Connected Petitions)
- 2024 A (mother of X) v. State of Maharashtra & Anr.
- 2023 Anushka Rengunthwar & Ors v. Union of India & Ors.
- 2008 Baby Manji Yamada v. Union of India & Anr.
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.