SC to NGO: explain rights for seeking Manji’s custody

The Bench headed by Justice Arijit Pasayat also extended the interim custody of the baby to her Japanese grandmother, Emiko Yamada, till September 15. The matter is listed for further directions on the same day.

The Bench also comprising Justice M K Sharma said crucial issues are not addressed as the existing surrogacy laws in India are inadequate and sought assistance from the Solicitor General in the matter.

The Bench repeatedly asked the counsel for Satya advocate Abhinav Sharma, to explain how the case has affected its rights. Sharma argued that the NGO has the right and is duty-bound to protect the child, as he feared that the so-called agreement to bear the child was a cover up and a cover-up for child trafficking. However, the Bench was not satisfied with argument.

“What right do you have in respect of the child, and as an NGO how can you ask for its custody. An NGO is not a substitutive body,” the Bench observed. It further asked the NGO to provide details of its activities, resources, funds generated and other relevant information before the next date of hearing.