Kanchan Pal And ANR. v. Union Of India And ORS.

28.01.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 20863 of 2024 Kanchan Pal & Anr.

-versusThe Union of India & Ors.

Ms. Manali Biswas.

...For the Petitioners.

Mr. M.S. Tewari, Mr. Guddu Singh.

...For the State.

1.

The petitioners, as commissioning couple, intend to avail the benefit under the Assisted Reproductive Technology (Regulation) Act, 2021 but are unable to do so because of the age restriction as mentioned therein.

2.

The petitioner no. 1, husband has crossed the maximum age limit prescribed for availing benefit under the Act. The clinic with which the petitioners have registered themselves, are not permitting the petitioners to avail the said benefit as the petitioner no. 1 has been found to be age barred.

3.

Learned advocate appearing on behalf of the petitioners relies on the judgment delivered by this Bench on 22nd November, 2024 in WPA 23776 of 2024 (Shyamoli Saha & Anr. -vs- The State of West Bengal & Ors.) wherein the Court took note of the judgment delivered by a coordinate Bench of this Court in WPA 12154 of 2023 (Sanchita Ghosh & Anr. -vsUnion of India & Ors.) and in WPA 9232 of 2024 (Sudarshan Mandal & Anr. -vs- State of West Bengal & Ors.).

4.

The Court held that the couple would be entitled to avail the benefit of Assisted Reproductive Technology as one of the parties qualify on the upper age limit stipulated in Section 21(g) of the Act, irrespective of the fact that the other spouse does not. 5.

The Court directed the clinic to provide the facility to the petitioners.

6.

As in the instant case it appears that the petitioner no.1 being the husband has crossed the upper age limit but the petitioner no.2, wife is within the prescribed age limit, accordingly, the ratio laid down by the Court in the matter of Shyamoli Saha (supra) will be applicable in the facts and circumstances of the instant case.

7.

The respondent no. 3, clinic is directed to permit the petitioners to avail the benefit under the Assisted Reproductive Technology Service.

8.

The writ petition stands disposed of.

9.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)