SILBANIA LYNGDOH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner a woman of just over 50 years of age wants to undergo the procedure under the Assisted Reproductive Technology (Regulation) Act, 2021. The Act does not allow such procedure on a woman over the age of 50 years.

(2.) It appears that this woman approached the Institute of Human Reproduction, Guwahati to undergo the procedure. The hospital advised her it was not allowed by the Act but if the Court directed performance it would do so.

(3.) This writ was filed by her challenging the portion of the Act which does not allow a woman of over 50 years of age to avail of this procedure and for directions upon the hospital to carry it out. By our earlier order, we had asked the hospital to form a medical board to tell us whether this procedure could be carried out safely on the writ petitioner. We had also asked the Union of India and the State to take instructions in the matter.