Latest news with #BombayHighCourt
India Today
34 minutes ago
- Health
- India Today
Court orders preservation of dead man's semen as mother seeks it for lineage
The Bombay High Court has directed a Mumbai-based fertility centre to preserve the frozen semen of a 21-year-old cancer patient who died earlier this year, after his mother approached the court seeking to use it to continue the family's mother, a resident of Santacruz in Mumbai, told the court that her son had been diagnosed with Ewing sarcoma — a rare form of bone and soft tissue cancer. Before starting chemotherapy, his oncologist advised the family to freeze his semen as the aggressive treatment could affect his to the mother's petition, the family was confident the young man would recover, but were unaware that he had independently signed a consent form instructing the fertility centre to destroy his semen if he did not survive. The family, which now comprises only women following the deaths of the father and uncle, said the son was the sole male heir. The 21-year-old passed away on February 16 this year. Amid their bereavement, the family requested the fertility centre to transfer the preserved semen to a facility in Gujarat for further medical advice. However, the centre refused without a legal directive, citing the man's signed with no other option, the mother wrote to various government offices but received no response. She then filed a petition in the Bombay High plea came up before Justice Manish Pitale, who observed that the matter raises significant questions about how semen or gametes should be handled after the donor's death under the Assisted Reproductive Technology (Regulation) Act, 2021, and its rules. "This becomes particularly significant in the present case, for the reason that the deceased, being the son of the petitioner, was unmarried at the time of his death," Justice Pitale for the Union of India, Advocate Yashodeep Deshmukh referred to a pre-ART Act judgement of the Delhi High Court, where frozen semen was handed over to the parents of a person. However, he pointed out that unlike that case, the young man here had explicitly opted for disposal of his samples after his court also took note that in the Delhi High Court judgement, directions had been issued to the Ministry of Health and Family Welfare to consider framing appropriate laws or guidelines for posthumous sought time to verify whether any such guidelines now exist under the ART to ensure that the mother's plea does not become futile, the Bombay High Court ordered the fertility centre to preserve the frozen semen until the matter is decided.- EndsMust Watch
News18
8 hours ago
- Politics
- News18
Judicial Activism Bound To Stay, Shouldn't Turn Into Judicial Terrorism, Adventurism: CJI Gavai
Last Updated: Chief Justice of India B R Gavai on Friday said while judicial activism was bound to stay, it cannot be converted into judicial adventurism or judicial terrorism. Chief Justice of India BR Gavai on Friday once again cautioned against judicial overreach, stressing that while judicial activism was bound to stay, it cannot be converted into judicial adventurism or judicial terrorism. While speaking at an event organised by Nagpur district court bar association, the Chief Justice emphasised the importance of maintaining constitutional boundaries between the three organs of democracy. He further said that when it is found that the legislature or the executive has failed in their duties to safeguard the rights of the citizens, the judiciary is bound to step in. 'All the three wings of the Indian democracy- legislature, executive and judiciary- have been given their limits and boundaries. All the three wings have to work as per law and its provisions. When the Parliament goes beyond the law or rule, the judiciary can step in then," he said as quoted by the news agencies. CJI Gavai further said that if the judiciary tries to interfere unnecessarily in the functioning of the other two pillars, that must be avoided. 'However, I always say that though judicial activism is bound to stay, it should not be permitted to be converted to judicial adventurism and judicial terrorism," CJI Gavai said. Judicial activism is necessary for upholding the Constitution and the rights of citizens, the CJI asserted. He hailed legendary social reformer and jurist Dr BR Ambedkar and said the entire nation has to be thankful for the latter's immense contribution. The Nagpur bar association is the most secular bar with members from all castes and religions, the CJI said, adding he had seen Hindu lawyers working for the cause of the Muslim community and vice versa. The event was attended by Supreme Court justices Dipankar Datta, Prasanna Varale, and Atul Chandurkar, along with Bombay High Court Chief Justice Alok Aradhe, senior administrative judge of Nagpur bench Nitin Sambre, senior judge Anil Kilor, and others. Earlier this month, the Chief Justice also emphasised on same issue while speaking at the Oxford Union, an event organised by advocate-on-record Tanvi Dubey. He had said that while judicial activism will stay and play a role in India, it should not devolve into 'judicial terrorism", adding that there are times when people try to exceed the limits and try to enter into an area where, normally, the judiciary should not enter. '…That power (judicial review) has to be exercised in a very limited area in very exception cases, like, say, a statute, is violative of the basic structure of the Constitution, or it is in direct conflict with any of the fundamental rights of the Constitution, or if the statute is so patently arbitrary, discriminatory, the courts can exercise it, and the courts have done so," the CJI added. Speaking at the event, CJI Gavai also highlighted that decades ago, millions of Indians were referred to as 'untouchables'. However, the Constitution of India ensured that an individual from that same group is now addressing the Oxford Union as the holder of the country's highest judicial office. First Published: June 28, 2025, 07:43 IST
The Hindu
11 hours ago
- Health
- The Hindu
Bombay High Court orders fertility clinic to preserve deceased man's sperm in landmark ART Act case
In a case that could set a key precedent for posthumous reproductive rights in India, the Bombay High Court has directed the interim preservation of a deceased 21-year-old unmarried man's frozen semen sample. Justice Manish Pitale, presiding over a Single Bench, was hearing a petition filed by the man's mother and noted that the matter raised 'important questions' regarding the interpretation and application of the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act). The petitioner moved the High Court after the fertility clinic refused to release her son's semen. She is seeking access to the sample to continue the family lineage, arguing that her son was the sole legal heir. Justice Pitale observed, 'This petition gives rise to important questions with regard to the manner in which the semen/gamete of a person is to be preserved after death, under the Assisted Reproductive Technology (Regulation) Act, 2021 and the Rules framed thereunder. This becomes particularly significant in the present case, for the reason that the deceased, being the son of the petitioner, was unmarried at the time of his death.' The Court said that the petition requires detailed consideration but cautioned that if the semen is discarded during the pendency of the matter, the very purpose of the petition would be defeated. 'In view of the above, list for further consideration on July 30, 2025, High on Board. In the meanwhile, as an interim direction, the respondent No.2 (the clinic) is directed to ensure safe-keeping and storage of the frozen semen sample of the deceased, during the pendency of the present petition.' According to the mother, her son was diagnosed in 2023 with Ewing Sarcoma, a rare form of cancer affecting bones. Before beginning chemotherapy, his oncologist had advised him to freeze his semen due to the potential impact on fertility. He subsequently deposited his sample at a fertility clinic in Mumbai. The consent form, the mother claims, gave only two options: discard upon death or hand over to a spouse. The son signed it without consulting his family. As he died unmarried and without a will on February 16, 2025, the clinic refused to release the sample. The mother requested that it be transferred to a Gujarat-based clinic but was informed that a court order was needed. She first approached the Maharashtra Public Health Department in March but received no response. She then appealed to the Union Ministry of Health and Family Welfare on April 28. On May 6, her grievance was formally rejected, prompting her to approach the High Court. The petition notes that there are no surviving male members in the family, as the father and uncles had passed away young. It also cites a dying wish conveyed by the son to his aunt — that his sperm be used to create children who could look after his mother and family. The petition asserts that 'the sperm constitutes property' and that 'parents are the legal heirs of their deceased son.'
Mint
17 hours ago
- Entertainment
- Mint
Bombay HC or Hogwarts? Lawyers descend like wizards, Severus Snape vibes included
Is it a courtroom or a wizarding school? A video going viral on Instagram has the internet buzzing with Harry Potter nostalgia – and this time, it's the Bombay High Court taking centre stage. In the short clip, a group of lawyers dressed in their classic black robes is seen descending the iconic spiral staircase of the Bombay High Court. But what catches everyone's attention is not just the location or the attire - it's the resemblance to scenes straight out of Hogwarts. The caption on the video reads: 'Bombay High Court ❌ Hogwarts ✅ | Advocate ❌ Wizards ✅', instantly sparking a flood of Potterhead reactions online. Set against the backdrop of the High Court's gothic architecture -- complete with old stone walls, ornate railings, and tiled floors -- the video 'feels like a deleted scene from the wizarding world,' a social media user said. While the dim lighting and flowing robes of the lawyers have reminded many of 'Professor Snape' and the students of Slytherin making their way through the halls of Hogwarts. A user wrote: 'Feels like a deleted scene from the wizarding world'. Another said: 'Why does this give off 'Order of the Phoenix' vibes?' A third user: 'Snape will be proud of them for sure.' A fourth user wrote: When I went to the high court for the first time, I had the same feelings The Bombay High Court is one of the three original High Courts established in India's Presidency Towns under the Letters Patent granted by Queen Victoria. Its magnificent structure was designed by British engineer Colonel James A. Fuller, with the court holding its first session in the current building on January 10, 1879. Following independence, Justice M.C. Chagla became the first Indian to be appointed as the permanent Chief Justice of the Bombay High Court. Notably, the building features two striking octagonal towers flanking the western side of the central tower, crowned by statues symbolising Justice and Mercy.
NDTV
a day ago
- Health
- NDTV
Woman Wants To Access Dead Son's 'Frozen Semen'. Bombay High Court Steps In
Mumbai: The Bombay High Court, in an interim order, has directed a city-based fertility centre to preserve the frozen semen of a dead man pending hearing of a petition by his mother who wants to use the fluid to continue the family line. The woman moved the HC after the fertility centre refused to release the frozen semen to her as the man, in his consent forms, had sought for the sperm carrying fluid to be discarded post-death. The man had chosen to freeze his semen when he was undergoing chemotherapy, a cancer treatment. A bench of Justice Manish Pitale on June 25 noted that if the frozen semen of the dead man is discarded pending hearing of the plea, then it would become infructuous. The court posted the petition for further hearing on July 30. "In the meanwhile, as an interim direction, the fertility centre is directed to ensure safe-keeping and storage of the frozen sample of the dead, during pendency of the petition," the court ordered. The bench noted that the petition raises important questions with regard to the manner in which the semen of a person is to be preserved after his death under provisions of the Assisted Reproductive Technology (Regulation) Act, 2021. The court pointed out that in the present case, the man was unmarried at the time of his death in February. The woman, in her plea, argued her son had, without consulting family members, in his consent forms agreed to have the frozen semen discarded if he dies. After his death, the mother sought the Mumbai-based fertility centre to provide access to transfer the sample to a Gujarat-based IVF centre for future course of action. The fertility centre, however, refused and asked the mother to obtain authorization from court under the new Act, which seeks to regulate and supervise assisted reproductive technology (ART) clinics. The legislation also aims to ensure ethical practices, prevent misuse, and protect the rights of individuals seeking ART services.
