BABY MANJI YAMADA VS.

UNION OF INDIA

W.P. (C) No. 369 OF 2008, IN THE SUPREME COURT OF INDIA

CITATION: [2008] INSC 1656

DECIDED ON: 29.09.2008

BENCH STRENGTH: 2

CORAM: Dr. Arijit Pasayat and Mukundakam Sharma, JJ.

FACTS: The Japanese couple Dr. Yuki Yamada and Dr. Ikufumi Yamada (biological parents)
came to India in 2007 and chose a surrogate mother in Anand, Gujarat and enters into surrogacy
agreement. The commissioning parents got separated before the surrogate baby was born. The
biological father wanted to take the custody but as Indian law prohibits single male to adopt the
grandmother of the child applies for writ petition under Article 32 before the Supreme Court of
India.

ISSUES: i. whether the Court has the jurisdiction to deal with the present matter.

DISCUSSION: The Court observed that the present matter deals with the rights of the child.
National and state commissions for protection of child rights and children is constituted under
CPCRA and courts for providing speedy justice in offences against children and related
matters. Section 13 of the Commissions for Protection of Child Rights Act, 2005 provides for
functions of the Commission. The Commission has a right to inquire into complaints and even
to take suo moto notice of matters relating to, (i) deprivation and violation of child rights (ii)
non-implementation of laws providing for protection and development of children and (iii)
non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships
to and ensuring welfare of the children and to provide relief to such children, or take up the
issues arising out of such matters with appropriate authorities.

DICISION: The Court disposed of the petition and directed that any person has grievance
related to it may file complain in the Commission.

RATIO DECIDENDI: The National and state commissions for protection of child rights and
children (NCPCR) has the right to inquire into complaints or take action suo motu notice
relating to violation of child rights and development of children and provide relief in such
matters with appropriate authorities therefore appropriate body to deal with related issue.