The court affirmed that age restrictions under the Assisted Reproductive Technology Act may be challenged, and healthcare providers must prioritize patient safety and comply with judicial directions.

JUDGMENT :

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.

4. 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.

5. On the earlier date of hearing, we were told that the Institute did not do anything because of some procedural problem they faced with regard to service of the order.

6. Today, we are absolutely shocked to read their letter dated 5^th February, 2025 to the effect that the hospital does not have a “multispecialty team which is an integral part of the Medical Board which is being requested upon. Kindly note that we are a health facility which specializes in rendering Mother & Child services. Hence, we would suggest that the same may be requested to any Government hospital/Medical College & Hospital/Any Multispecialty Hospital having the adequate facility and expertise.”

7. We take a very serious view of the matter. At one point of time, the hospital is telling the patient to get a Court order to enable it to perform the procedure. Now, they turn around and say that they cannot form a medical board. This tantamounts to saying that they cannot even opine whether the procedure is safe or reasonably free from risk for the writ petitioner.

8. This kind of an attitude cannot be tolerated by the Court.

9. The head of the Institute of Human Reproduction is directed to file an affidavit after due consultation with the specialist in this procedure attached to this hospital whether this procedure can be performed on the writ petitioner or not, how safe is the procedure and what are the risks if any attached to it.

10. If no satisfactory response is received, we shall have to presume that the hospital does not want to take any care of or responsibility towards its patients or its medical professionals simply do not have the competence to carry out the procedure under the said Act. If either of the two are established in public interest, we would have to pass necessary orders restraining this Institute to perform any kind of procedure under the Assisted Reproductive Technology (Regulation) Act, 2021.

11. List this writ petition on 20^th February, 2025.

12. The Registry of this Court along with the Advocate-on-Record for the petitioner will immediately serve a copy of this order on the Institute.