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Supreme Court Justice B.V. On Friday (May 9), Nagratna talked about the apprehensions on Friday (9) that delimitation on the basis of population will reduce the representation of the southern states in Parliament, as the population growth in the south is decreasing in contrast to the northern states.

Considering the petitions filed by the couple demanding the second child through surrogacy, Justice Nagratna said, “You can see in the South that families are shrinking. There is a decrease in birth rate in South India … There are many people in North India who are constantly producing children … Now it is feared that if there is a delimitation on the basis of population, then the number of North India will be reduced due to the population of North India.” Nagratna also questioned why the petitioners want to choose the alternative to surrogacy.

On behalf of the petitioners, advocate Mohini Priya said that they fall under Rule 14 of Surrogacy (Regulation) Rules 14, stating that if a woman is suffering from a medical condition that is threatened to life, or the intended parents have failed to conceive, or the woman has conceived several times, etc. He said that both couples tried in in-vitro fertilization (IVF), but it failed.

Justice Nagaratna questioned why the couple want another child, while they already have an organic child who is completely healthy. Priya said that both the couples are small girls and they just want to increase their family. He said that it is only in the best interest of the living child, and it is a matter of personal choice of the couple.

Justice Nagratna said, “Look, the famous celebrities of the film world already have two children. That person has two surrogacy and a third child. It should not become fashion … Now everyone wants a child. No one wants.” To this, Priya replied, “Priya replied,” There are some people who still want to raise their family … “

The court also asked whether the couple had an abortion after finding the child’s gender to be a girl. Priya replied that the couple did not get abortion. Furthermore, sex determination is not allowed in the law.

“Milads, there was no abortion in this case. She had to drop the child because she had a deadly disease that she was suffering. We have a recommendation of doctors. The first child was born in 2016 and he has been trying for a second child for eight years. This is really a medical problem,” said Priya.

To this Justice Nagratna replied, “We are really moving a lot in terms of population. One child is biologically, another child through surrogacy … In the south you can see that families are shrinking. The birth rate in South India is declining.” When Priya replied that a similar incident happened in China and there was so much decline in the birth rate that the government was promoting the policy of two children, Justice Nagratna replied that it was not so in India.

The court did not issue a notice, but attached it to another writ petition 238/2024, which was also challenged to Rule 4 (III) (C) (ii), which does not allow the second child to give birth through surrogacy when the first child is completely normal.