JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The petitioner nos. 1 and 2 are married to each other and are keen to have a child through Assisted Reproductive Technology (ART) as defined in The Assisted Reproductive Technology (Regulation) Act, 2021. The petitioners underwent Intra-uterine Insemination (IUI) procedure and similar other procedures from 2010 onwards in specialist fertility clinics in Chennai, Odisha and Chattisgarh. The petitioners explored ART in 2019 after successive failures in conceiving a child through IUI. The petitioner no. 1 was advised to undergo In vitro Fertilization (IVF) in December, 2019 but was unable to continue with the IVF by reason of the lockdown from March, 2020. The petitioners visited a fertility centre in Howrah in April, 2022 and were advised to undergo certain medical procedures. In July, 2022, the petitioners were informed that petitioners were ineligible for undergoing ART as the petitioner no. 2 had crossed 55 years of age.

2. The present writ petition was filed in January, 2023 for declaration that section 21(g) of The Assisted Reproductive Technology (Regulation) Act, 2021 is ultra-vires Articles 14 and 21 of the Constitution of India.

3. Section