CLPR represents Dr. Aqsa Shaikh, a member of the transgender community, in a writ petition before the Supreme Court of India challenging Sections 2(r) and 2(s) of the Surrogacy (Regulation) Act, 2021. The petition, listed with connected matters, contends that the Act restricts access to surrogacy only to an “intending couple” or an “intending woman”, thereby excluding single unmarried women and transgender persons from opting for the procedure. This, it argues, violates Articles 14, 15 and 21 of the Constitution of India by denying equality, non-discrimination, and the right to reproductive autonomy and privacy.
The petition further argues that there is no reasonable justification for excluding unmarried women or transgender persons from availing surrogacy, particularly when other statutory laws recognise the right of single women to become parents. It relies on the Supreme Court’s decision in National Legal Services Authority (NALSA) v. Union of India, AIR 2014 SC 1863 , which held that excluding transgender persons from the scope of legislation amounts to denial of equal protection under law. The challenge also invokes India’s international obligations under CEDAW and highlights inconsistencies between the Surrogacy Act and the Transgender Persons (Protection of Rights) Act, 2019. It stresses on the rights of all women and trans persons the Right to Reproductive Autonomy, Privacy, and a Healthy Family.
Notice was issued on July 08, 2024. The matter is now listed for November 04, 2025.