Kerala HC upholds single judge's directive for re-look at age limits under ART Act
A Division Bench of the Kerala High Court has observed that that Union Ministry of Health and Family Welfare is required to take a just and proper decision on a single judge's order to take a re-look for increasing the upper age limit of women and men prescribed for undergoing assisted reproductive procedure in the Assisted Reproductive Technology (Regulation) [ART] Act, 2021.
The Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. made the observation recently while dismissing an appeal filed by the Centre against the single judge's verdict. The single judge had directed the National Assisted Reproductive Technology and Surrogacy Board to alert the Union government about the need for having a re-look at the upper age limit of 55 for men and 50 for women prescribed under Section 21(g) of the Act. The single judge passed the directive while allowing writ petitions filed by a few couples seeking to undergo ART procedure. They approached the court challenging the refusal of the hospital authorities to permit them to undergo the procedure as the husbands had crossed 55 , the upper age limit.
The single judge had observed that the impact of the prescription of upper age limit on the liberty of individuals is a matter which the national board should bring to the notice of the Union government so as to effectuate a detailed discussion on the subject and pave the way for necessary amendments.
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