New Delhi: In the absence of the legal framework for surrogacy in India, Delhi court absolves to end the case against a Spain-based gay couple and a doctor for commercially misusing surrogacy.
Court clarified that sections of Indian penal code put in place for the offense in the current case are not sufficient to prove it . The offense made by the accused Doctor and a Spain-based gay couple does not cover under any law exists in the country.
On the complaint of Delhi Commission for Protection of Child Right(DCPCR), Barakhabha police had registered a case of Kidnapping and cruelty with twins baby born with surrogacy. But Metropolitan Magistrate Pankaj Sharma found that neither the girls were kidnapped nor any kind of cruelty took place with them.
The court said proposed law pending in Parliament prohibits a gay couple from adopting a baby with the help of surrogacy. It also disallows a foreigner couple to take help of surrogacy for adopting a baby in the country. Currently, there is no legal framework to prosecute the gay couple and the doctor involves in the case.
Delhi police filed cancellation report in the court to shut the case which was accepted in the absence of the legal framework in the country
According to prosecution Entire conspiracy was hatched by Dr. Anoop Gupta who roped in an economically weak woman called Dolly Sharma. A gay couple from Spain had approached Doctor Anup in 2010. They wanted to have a baby in there life and took the help of Doctor.
Police said Dolly Sharma is not a biological mother of the twin babies. She is actually a surrogate mother who got pregnant for 3.5 Lakh rupees due to her poverty. Dr. Anup exploits her economic condition for his greed. “Doctor used the sperm of john Carlo and with the help of surrogacy technology it was planted in the woman’s womb.” prosecution.
DCPCR took Suo moto cognizance of the media report that published in a leading newspaper. After completing its investigation they got registered a case with police. Police too was initially confused by the absence of legal frame for surrogacy. However, after taking assistance from its prosecution department, the final decision was taken to registered a case for kidnapping and cruelty on the child.