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The law treats consent as something shown by a clear outward action, not by what a person is thinking internally. If there is no clear external indication of agreement, consent does not exist, regardless of the person’s actual state of mind, and the law does not allow inquiry into their inner thoughts.
The Court stated that agreement of surrogacy is opposed to public policy in India. Therefore, consent for sexual relation under such illegal surrogacy agreement is not a valid consent as per the provisions of the Penal Code, 1860.
Delhi High Court stated that since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist, we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation.