SILBANIA LYNGDOH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Institute of Human Reproduction (IHR) a unit of Geonka Nursing Home Private Limited, Guwahati refused to perform In Vitro Fertilisation (IVF) on the writ petitioner as she was just over 50 years of age and Sec. 21(g)(i) of the Assisted Technology (Regulation) Act, 2021 did not permit a woman of over the age of 50 years to undergo the procedure. She sought for orders of the Court to perform the procedure. Earlier, this Court had passed interim orders asking the hospital to furnish an expert report. It did furnish a report but it was very negative as far as the petitioner was concerned. It pointed to a high risk factor for her.

(2.) In our order dtd. 4/3/2025 we made, inter alia, the following observation.

(3.) We passed an interim order in line with the interim order dtd. 24/3/2023 passed by the Calcutta High Court in a similar writ petition [WPA No.1592 of 2023-Saswati Mohury & anr v. Union of India & ors.] to the following effect.