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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Neeru Singh – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
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| 1. exceptional circumstances warrant judicial consideration for art accessibility. (Para 1 , 1 , 2 , 4 , 14) |
| 2. the art act treats age eligibility individually, not as a composite unit. (Para 3 , 10 , 11 , 12 , 13 , 27 , 28) |
| 3. reproductive autonomy is a fundamental right under article 21, requiring purposive interpretation of statutory age limits. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. courts may override rigid statutory age bars in exceptional cases to prevent the violation of fundamental rights. (Para 29 , 30 , 31) |
1. The petitioners have preferred the instant writ petition seeking issuance of an appropriate writ, order or direction for permitting them to undergo In Vitro Fertilization (IVF) treatment, notwithstanding the age restriction prescribed under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021. The necessity of filing the present petition arises out of peculiar and exceptional facts, wherein the petitioners, a legally wedded couple aged about 49 and 55 years respectively, have been deprived of access to assisted reproductive treatment solely on account of a rigid and mechanical application of the statu
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