High CourtsDivision Bench(2024) 12 MEG CK 0062

Silbania Lyngdoh vs Union Of India & Ors.

Meghalaya High Court · Decided on 17 December 2024

HON’BLE JUDGES
I.P. Mukerji, CJ · W. Diengdoh, J
CASE NUMBER
Writ Petition (C) No. 462 Of 2024, Miscellaneous Case (WPC) No. 216 Of 2024

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Judgment

8 paragraphs · 167 words

This writ petition is admitted.

It seeks a declaration that Section 21 (g) of the Assisted Reproductive Technology (Regulation) Act, 2021 is ultra vires the Constitution.

It is said that the petitioner is just over 50 years of age and should be allowed the benefit of this technology, although the Act bars such procedure over the age of 50 years.

As an interim measure, this treatment is sought.

We are unable to accede to this prayer at this point of time.

Dr. N. Mozika, learned Deputy Solicitor General of India representing the Union of India and Ms. R. Colney, learned GA for the State are requested to take instructions in this matter.

Institute Human Reproduction, Guwahati, the hospital treating the petitioner shall constitute a medical board immediately and file a report in this Court through learned Advocate as to whether IVF treatment can be received by the petitioner at this stage.

List this writ petition on 27th January, 2025 to consider afresh grant of an interim order.