The Delhi High Court allowed the request of the family members of a man who committed suicide to preserve his sperm through the method of Postmortem Sperm Retrieval for potential future use in Assisted Reproductive Therapy.

The petitioners, being the family member of Sumit @ Mannu who tragically committed suicide, had approached the High Court seeking a direction that the deceased’s semen be preserved through the method of Postmortem Sperm Retrieval (PMSR). This process allows retrieval of viable sperm from a deceased individual for potential future use in Assisted Reproductive Therapy (ART).

The Single Bench of Justice Sachin Datta asserted, “…considering that the PMSR procedure would be efficacious only if it is performed expeditiously, this Court accedes to the request of the petitioner…”

Advocate Raja Choudhary represented the Petitioners while ASC Anuj Aggarwal represented the Respondent.

Arguments

The Petitioner had placed reliance upon the judgment of the Apex Court in Gurvinder Singh & Anr. Versus Government of NCT of Delhi and Ors.(2021) wherein it has been held that the semen sample constitutes property under Indian law.

Reasoning

In light of the given circumstances set out in the petition and considering that the PMSR procedure would be efficacious only if it is performed expeditiously, the Bech accepted the petitioners' request for performing the procedure on the body of the deceased.

The Bench noted the submission of the concerned Hospital that it does not have the wherewithal to perform the procedure. “In the circumstances, at the request of learned counsel for the petitioner, the respondent no. 2 hospital is directed to endeavour to arrange for the PMSR procedure to be performed through any other hospital which is equipped to do so, at the risk and cost of the petitioners. It is directed accordingly”, the Bench ordered.

The Bench further directed that the retrieved sperm shall be preserved by the Hospital where the procedure is performed, in accordance with the standard procedures.

Cause Title: Heena & Ors. v. The State of Nct of Delhi & Anr. (Case No.: W.P.(C) 956/2025)

Appearance:

Petitioner: Advocates Raja Choudhary, Sanyam Jain, Japdeep Singh Chahal, Amit Kr. Diwakar and Rahul Patel

Respondent: ASC Anuj Aggarwal, ASC Udit Malik, Advocates Yash Upadhyay, Siddhant Dutt, Ishita Panday, Rima Rao, Palak Sharma, Vikrant N. Goyal, Nitin Chandra

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