The Kerala High Court observed that the Petitioners have been undergoing several treatments for so many years to conceive and have together faced 2 tragedies. The Court granted interim relief to continue with the Assisted Reproductive Technology (hereinafter referred to as “ART”) despite the age limit threshold being crossed.
Brief Facts:
The Petitioners are a married couple and unable to conceive naturally. A girl child was born to the Petitioners but died at the age of 6 years due to Pneumonia. In 2021, the Petitioners underwent treatments, and cryo-preservation of the two embryos was done. Petitioner No. 2 had conceived but due to the pregnancy being tubular, an abortion had to be done.
The Petitioners were in the middle of treatment, when the Assisted Reproductive Technology (Regulation) Act, 2021 (hereinafter referred to as “ART ACT”) was enforced. As per the Act, the age limit was capped at 55 years for men and 50 for women.
In the present case, Petitioner No. 2 has crossed 50 years, and hence, due to the enforcement of the ART Act, Petitioner No. 2 became ineligible for the treatment.
The Writ Petition was filed to challenge the constitutional validity of the Act because it violates the fundamental right to reproductive choice of citizens. Presently, the Petitioners are seeking permission for the continuation of ART during the pendency of the writ petition.
Contentions of the Petitioner:
It was contended that the stopping of the treatment has affected the mental health of the Petitioners and so an interim relief should be granted vide which the treatment should be continued.
Observations of the Court:
The Court observed that the Petitioners have been undergoing several treatments for so many years and have together faced 2 tragedies, one was when the girl child died at the age of 6 years and the second was when Petitioner No.2 had to abort the child.
The decision of the Court:
Therefore, the High Court deemed it fit to grant an interim measure to the Petitioners to continue with their treatment.
Case Title: Jomon C.V. & Anr. V. The Union of India & Ors.
Coram: Hon’ble Mr. Justice V.G. Arun
Case No.: WP(C) No. 36347 of 2022 (P)
Advocates for Petitioner: Advs. M/s. Alex. M. Scaria, Beas K. Ponnappan, A.J. Riyas, Saritha Thomas, Alen J. Cheruvil, Sahl Abdul Kader and Sanjith Kumar R.
Advocates for Respondents: Deputy Solicitor General of India
Read Judgment @LatestLaws.com
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