On Friday, the Kerala High Court took serious note of emerging details in a case involving alleged exploitation of women through unauthorised egg donation and surrogacy activities. During the latest hearing of a criminal writ petition, the Bench sought clarity from the State Police Chief on the next steps planned by the investigating machinery, signalling the gravity of the revelations coming before the court.
The case arose from a petition filed by an organisation claiming that several women were being illegally detained and exploited through covert surrogacy-linked operations. The Petitioner sought the court’s direction to produce the individuals and ensure their release, alleging inducements, online advertisements, and unlawful medical procedures behind the purported racket.
During the proceedings, the authorities submitted a report stating that although a complaint had been placed before the jurisdictional Magistrate, the wider investigation had not progressed further. The preliminary findings, however, indicated suspected unlawful activities involving the recruitment of women through online ads and incentivised egg donation and surrogacy practices.
The Petitioner argued that the victims were being trapped through financial inducements and kept in restrictive or unsafe conditions under the guise of medical procedures. It was further alleged that the authorities had failed to take prompt action despite prima facie evidence.
On the other hand, the State informed the Court that the appropriate authority had already moved a complaint before the Magistrate, and preliminary enquiries had exposed multiple irregularities. However, further steps were pending clarification or orders from the competent court.
The Bench observed that its earlier directions had already paved the way for the police to act, and there was no need to await orders from the Magistrate for the broader aspects of inquiry. Recognising the seriousness of the allegations, which include inducement of vulnerable persons and possible violations of health and surrogacy regulations, the Court stressed the need for a robust and comprehensive investigation.
The Bench highlighted that the nature of the alleged activities warranted a more coordinated and specialised approach, noting that multiple agencies and regulatory bodies may have overlapping responsibilities.
In view of the expanding scope of the investigation, the Court indicated that a Special Investigation Team (SIT) would be required to effectively probe every dimension of the suspected offences. The State Police Chief has been asked to furnish specific instructions and an action plan on the next hearing date, 10th December 2025.
Case Title: ART Bank v State Police Chief of Kerala and Ors.
Case No.: WP(CRL.) NO. 1035 OF 2025(S)
\Coram: Hon’ble Mr Justice Justice Devan Ramachandran and Hon’ble Mr Justice M.B. Snehalatha
Counsel for the Appellant: Adv. Gikku Jacob
Counsel for the Respondent: Adv. Sunil Nath, Adv. Ferha Azeez, Adv. Sreerag Shylan, Adv. Devananda S, Adv. Sandhya Raju
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