'Exploitation Of Hope & Vulnerability': Kerala High Court Shocked At Alleged Trafficking Of Women For Assisted Reproductive Technology

The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha made the observations while hearing a writ petition filed by ART Bank against the State Police Chief, Health Department officials, and others.

The writ petition arose after a raid in August by the health department in the premises where the women were made to reside. The writ was filed by ART Clinic seeking to release the women who were sheltered at Shanthi Bhavan shelter home by the concerned authorities after the raid, alleging that they were illegally detained by the State.

The petitioner contended that the women who had voluntarily visited the petitioner's institution for medical screening were illegally taken into custody by the police and the Health Department.

However, the authorities alleged that the petitioner's operations were unlawful, suspecting elements of human trafficking and exploitation.

The Court expressed distress over “prima facie indications of exploitation” under the guise of ART services and observed that it was shocked by what was seen within the factual matrix of the case. 

The Court had earlier ordered protection to the alleged detenues as it was submitted that various attempts were made to influence the ladies and threaten them.

The counsel for Santhi Bhavan, impleaded as Additional respondent 6, pointed to the advertisements produced by the petitioner to assert that there is a widespread attempt to mislead couples to take treatments in clinics that is run by the entities like the petitioners.

The court referred to advertisements allegedly used to attract both egg donors and couples, warning that such schemes might mislead and exploit both parties.

“There is also an exploitation of hope of the intending parents, which makes them even more vulnerable and ready to accept risks. On the other side of the spectrum are unsuspecting women – who are generally new mothers – lured in by the amounts offered; and this creates a complex web of deceit, with unscrupulous elements becoming middlemen, controlling the whole scenario.” the court observed.

The bench noted that uneducated and financially vulnerable women appeared to have been lured to Kerala with the promise of money and this creates a power imbalance for the ladies in such situation. 

“Exploitation cuts at the root of everything constitutionally guaranteed; and therefore, it becomes enjoined on us to intervene, when even a whispering semblance of the same is presented before us,” the court remarked.

The Court has directed authorities to file comprehensive reports on action taken and action proposed to be taken by the next posting date.

The case is posted on October 10 for further consideration.

Case Title: ART Bank v State Police Chief of Kerala and Ors.

Case No: WP(Crl.) 1035/ 2025

Counsel for Petitioner: Gikku Jacob

Counsel for Respondents: Sunil Nath, Ferha Azeez, Sreerag Shylan, Devananda S, Sandhya Raju

Click Here To Read/ Download Interim Order