Delhi High Court Recognizes Semen as Property Rights

Why in the news?

The Delhi High Court ruled that semen and ovum are considered property, allowing posthumous reproduction with consent, significantly impacting reproductive rights and bioethics in India.

Delhi High Court Recognizes Semen as Property Rights

Key Judgement:

  • The Delhi High Court ruled that semen and ovum samples are considered an individual’s “property” or “estate.”
  • Justice Prathiba M Singh stated that if consent is demonstrated, there is no prohibition on the use of these samples for posthumous reproduction.

Posthumous Reproduction:

  • Defined as conceiving a child using Assisted Reproductive Technology (ART) after the death of genetic parents, utilising stored sperm, eggs, or embryos.
  • The court likened reproductive material to other posthumous rights, such as those concerning human corpses or organs.

Case Background:

  • The ruling arose from a plea by the parents of a deceased 30-year-old cancer patient seeking the release of his cryopreserved semen samples for procreation.
  • The hospital had refused to release the samples, citing a lack of governing laws.
  • The court directed the hospital to release the samples, noting that the deceased had consented to their use for procreation.

Difference Between Sperm and Ovum:

Sperm:

  • Definition: Male reproductive cell (gamete).
  • Size: Small (50-100 micrometres).
  • Shape: Long, narrow with a tail (flagellum).
  • Genetic Material: DNA in the head.
  • Protective Structure: Acrosome (cap-like structure).
  • Production Regulation: Hormonal regulation by the hypothalamus and pituitary glands.

Ovum:

  • Definition: Female reproductive cell (gamete).
  • Size: Larger (100-150 micrometres).
  • Shape: Spherical.
  • Genetic Material: DNA in the nucleus.
  • Protective Structure: Zona pellucida (protective layer).
  • Production Regulation: Released cyclically due to hormonal changes.

Additional Information

  • Sperm Function: Mobile, penetrates ovum to form zygote.
  • Ovum Function: Non-mobile, fuses with sperm to create a new organism.
  • Global Initiatives related to Sexual and Reproductive Health Rights (SRHR):
  • CEDAW: International legal framework eliminating discrimination against women, promoting gender equality and women’s empowerment.
  • ICCPR: Protects civil and political rights, including equality, right to life, and rights related to family and public participation.
  • Beijing Declaration and Platform for Action: Visionary agenda for women’s empowerment, guiding global assessments of women’s rights and states’ efforts

National Initiatives:

  • Expansion of Contraceptive Methods: India’s Family Planning 2030 commitment includes new contraceptive options, enhancing women’s rights and modern contraceptive prevalence.
  • National Health Policy 2017: Focuses on providing free, comprehensive primary health care services for reproductive, maternal, and adolescent health.
  • Rashtriya Kishor Swasthya Karyakram: Launched in 2014, addresses adolescent health needs, promoting healthy development during adolescence.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times