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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Pankaj Kumar Das, Son Of Madhu Ram Das – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Health And Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. challenges to art regulations. (Para 2 , 3 , 4 , 5 , 6) |
| 2. rights to reproductive choices under article 21. (Para 8 , 9) |
| 3. legislative framework for art. (Para 10 , 11) |
| 4. reproductive rights and state regulation. (Para 12 , 13 , 14) |
| 5. assessment of age limits in art. (Para 15 , 16) |
| 6. constitutionality of age-based classifications. (Para 17 , 18 , 19) |
| 7. no vested rights under prior regulations. (Para 20 , 21) |
| 8. validation of section 21(g) constitutionality. (Para 22) |
| 9. dismissal of the writ petition. (Para 23 , 24) |
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. B. K. Gogoi, learned counsel for the petitioners and Mr. D.J. Das, learned counsel, as well as Mr. B. Chakravarty, learned Central Government counsel, for the respondents.
2. This writ petition under Article 226 of the Constitution of India raises a challenge to the constitutional validity of Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021 (for short, the Act, 2021). The petitioners seek a direction to the respondent authorities to permit them to avail Assisted Reproductive Technology (for short, ART) services, notwithstanding their ineligibility under the impugned provision. Since t
The age-based restrictions in ART services under the 2021 Act are constitutional, balancing reproductive rights with the health and welfare of mothers and children.
Age limits in Section 21(g) of ART Act upheld as constitutional, based on medical and reproductive considerations.
The court upheld the age limit for ART services, affirming the constitutionality of the relevant statutory provision.
The Assisted Reproductive Technology (Regulation) Act, 2021's age limitations for ART services are constitutionally valid.
The Assisted Reproductive Technology Act's age restrictions are constitutional and do not infringe upon the petitioners' rights.
The constitutional validity of age limits in accessing Assisted Reproductive Technology services was upheld.
The court upheld the age restrictions on Assisted Reproductive Technology services as constitutional, affirming the decision from prior cases.
The court upheld the age limit restrictions for seeking ART services under the Assisted Reproductive Technology Act as constitutional.
Age limitations in ART services are constitutionally valid as per the Assisted Reproductive Technology (Regulation) Act, 2021.
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