Wednesday August 15, 2018

Govt limits surrogacy to ‘infertile married Indian couples’

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New Delhi: The Centre has informed the Supreme Court that it was opposed to “commercial surrogacy” and was in the process of enacting a law to make it a punishable offence.

“The government does not support the commercial surrogacy and it would be limited to Indian married infertile couples only and not to foreigners,” the union government said in an affidavit on Wednesday.

The Centre told the court that only altruistic surrogacy to the needy infertile married Indian couple would be provided after their needs were assessed and found to be genuine.

The affidavit was filed after an apex court bench of Justice Ranjan Gogoi and Justice N V Ramana earlier in the morning adjourned the hearing after taking exception to the government position being reported by the media even before the court heard of it.

The court directed the matter to be listed on November 24.

The court was also told that the government was in the process of bringing a comprehensive legal framework for not only protecting the rights of the surrogate mother but also for prohibiting and penalising commercial surrogacy.

The Centre said an appropriate state authority would be set up under the proposed Assisted Reproductive Techniques (Regulation) Bill, 2014, to ascertain the genuineness of the need of infertile married Indian couples to have children.

This was stated by Dr Soumya Swaminathan, secretary, department of health research, ministry of health and family welfare, in response to a number of questions raised by the court in its October 14 order.

The questions pertained to the government stand on commercial surrogacy, status of the surrogate mother, pain and sufferings of the surrogate mother for nine months, risk and psychological and emotional problems, and the mother of the surrogate child.

Responding to a question posed by the apex court, the central government said the “import of the human embryo is prohibited except for research purposes based on the guidelines of the department of health research”.

The Centre’s affidavit also said that provision would be incorporated in law to penalise the commissioning couples who failed to take the custody of a child with disabilities born from a surrogate mother.

(IANS)

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SC Warned Amrapali Directors, says “Would Be Rendered Homeless If Tried To Play Smart”

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

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The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons
The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore. Wikimedia Commons

The Supreme Court on Wednesday asked the Directors of the Amrapali Group to file details of all their movable and immovable assets along with valuation, and warned them that they would be rendered homeless if they tried “to play smart.”

A bench of Justice Arun Mishra and Justice U.U. Lalit clarified that all the properties of the directors would be sold if the company failed to raise Rs 5,112 crore required to complete its unfinished housing projects.

The apex court directed the company to furnish details on how it intends to arrange Rs 5,112 crore.

The company Directors were asked to file affidavits within 15 days listing their movable and immovable properties.

"Don't burden the home-buyers. Don't try to be smart. Tell your Directors also," the bench told the counsel. Wikimedia Commons
“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel. Wikimedia Commons

When the company’s counsel Gaurav Bhatia told the court that home-buyers will also pay to help it raise Rs 5,112 crore, the court said: “The home-buyers will not pay a penny.”

“Don’t burden the home-buyers. Don’t try to be smart. Tell your Directors also,” the bench told the counsel.

“Tell us how you intend to arrange the money? Otherwise, you will be rendered homeless,” the bench said.

The court told the Directors that as they had made buyers wait for their homes, they will also search for their homes if they don’t submit the plan to arrange for money for the unfinished projects.

“Days are not away when you (Directors) will compel us to do this. If necessary, we will take every strip (of land) if you compel us. Next time, come (to the court) with the proposal,” the top court observed.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons
The real estate group is yet to hand over possession of flats to around 40,000 home-buyers. Wikimedia Commons

When the court was told that electricity supply at two projects of Amrapali — Zodiac and Silicon Valley — has been disconnected, it ordered the power companies concerned to restore electricity by Wednesday itself.

The court posted the matter for August 14.

On August 1, the court slammed the Amrapali Group for playing “fraud and dirty games” with it and ordered freezing of bank accounts of all the Directors of its 40 firms, besides attaching their personal properties.

Public sector undertaking National Building Construction Corporation was also directed to take over all 16 unfinished projects of the Amrapali Group.

The real estate group is yet to hand over possession of flats to around 40,000 home-buyers.

Also Read: Supreme Court seeks Centre’s response on plea challenging polygamy, nikah halala

The apex court has been hearing a batch of pleas filed by home-buyers who have sought quashing of the National Company Law Tribunal order to admit insolvency proceedings against the Amrapali Group.

The buyers belong to low and middle income groups and must be granted equal protection as other stakeholders, the financial and operational creditors, the home buyers’ plea said. (IANS)