IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
PUSHPA I.K., SUGATHAN – Appellant
Versus
UNION OF INDIA, STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to age limits for art services (Para 1) |
| 2. admission of similar cases in court (Para 2 , 5 , 6) |
| 3. constitutional validity of age limit provisions (Para 3 , 4) |
| 4. final decisions based on judicial precedents (Para 7 , 11 , 12) |
| 5. judgment precedence based on merits (Para 8 , 9 , 10) |
JUDGMENT
These writ petitions are filed by the petitioners, who are husband and wife or either of them, having crossed the upper age limit of 50 years for women and 55 years for men prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021 (for short, “the Act”). The Act prohibits the application of the Assisted Reproductive Technology services (ART services) to the persons above the prescribed age limit. Challenging the constitutional validity of Section 21 (g) of the Act to the extent it prescribes maximum age for men and women to seek ART services from licensed clinics and also seeking a direction to the respondents to take immediate steps to provide ART services to the petitioners, they have approached this Court with the above writ petitions.
2. Since the petitioners in these writ petitions are similarly situated and the issue involved is one and the same,
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