Background
The Supreme Court is reviewing whether a dedicated SOP is needed to stop child trafficking through ART and surrogacy centres. The issue arose after a probe linked alleged "egg donors" to a child‑trafficking network.
Key Developments
- Bench of Justice JB Pardiwala and Justice K Viswanathan noted the lack of any SOP to prevent trafficking while monitoring compliance with its April 2025 judgment in the Pinki v. State of UP case.
- Amicus curiae Senior Advocate Aparna Bhat highlighted gaps in the regulatory framework of the ART Act and the Surrogacy Act.
- The Union Government, in its status reports, admitted that no SOP exists for inter‑state coordination in missing‑child cases.
- The amicus proposed a specialised committee headed by a retired Supreme Court judge, with an IVF expert, senior police officer and a lawyer/social worker.
- All States and UTs have set up review committees, but most lack clear functions and reporting mechanisms, unlike Gujarat.
Important Facts
Official data from the NCRB 2024 report shows over 6,000 trafficking cases and a 7.8% rise in missing‑children incidents, with more than 1.47 lakh children still untraced. The report warns that trafficking now includes forced marriage, organ removal, illegal adoption and other non‑traditional forms.
UPSC Relevance
Understanding this development touches multiple GS papers: GS2 (Polity) for the role of the Supreme Court and the legal framework governing ART and surrogacy; GS3 (Governance) for the need of SOPs, inter‑state coordination, and the functioning of bodies like the NCRB; and GS4 (Ethics) for the moral implications of child trafficking and the protection of vulnerable families.
Way Forward
The Court has asked the Additional Solicitor General Archana Pathak Dave to place the Union Government’s response on record. A further hearing is scheduled for August 19, 2026. Expected steps include:
- Formation of the proposed committee and drafting of a comprehensive SOP.
- Clear definition of the roles of National Board, National Registry and State Boards under the ART Act.
- Standardised reporting mechanisms for missing or trafficked children across states.
- Regular monitoring and audit of IVF and surrogacy centres to ensure compliance.
Implementation of these measures will aim to plug regulatory gaps, protect children, and restore confidence in assisted‑reproduction services.