01Facts
The petitioners, a legally wedded couple aged 49 (wife) and 55 (husband), lost their only child in 2022
¶ 1, 4After recovering from the resulting psychological trauma, they sought In Vitro Fertilization (IVF) treatment at Indira IVF Centre
¶ 4While medically fit, the clinic denied treatment because the husband turned 55 in February 2026, marginally crossing the upper age limit of 55 prescribed under Section 21(g)(ii) of the ART Act
¶ 4The petitioners challenged this denial as a violation of their reproductive autonomy under Article 21 of the Constitution
¶ 102Issues
i.1. Whether the petitioners are eligible to avail Assisted Reproductive Technology (ART) services despite the husband exceeding the statutory age limit under Section 21(g) of the ACT of 2021
¶ 3, 10ii.2. Whether the statutory age bar should be applied rigidly or read in a purposive, individual-centric manner in light of the fundamental right to reproductive autonomy
¶ 10, 2703Law Applied
Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021, which sets age limits of 21–50 for women and 21–55 for men
¶ 10Section 2(1)(n), which defines "patients" as individuals or couples
¶ 12Supreme Court precedents of Suchita Srivastava v. Chandigarh Admn. and K.S. Puttaswamy v. Union of India, establishing reproductive choice and decisional autonomy as integral to the right to life under Article 21
¶ 15, 17Individual-centric nature of ART eligibility as referenced in Vijaya Kumari S. v. Union of India and Sajitha Abdul Nazar v. Union of India
¶ 20, 24Provisions in the judgment · 8 · Linked ones open on LawLens
Assisted Reproductive Technology (Regulation) Act, 2021 Section 2Section 12Section 18Section 21Section 27Section 33Section 34Section 37
04Reasoning
The Court reasoned that the ART Act does not prescribe a "combined age" for couples, unlike adoption laws, but rather sets gender-specific limits, suggesting an individual-centric approach
¶ 12-13It held that a woman’s eligibility to undergo the procedure (if within the 21–50 range) should operate independently of her husband’s age, provided he consents
¶ 13Applying the principle of "purposive interpretation," the Court found that the petitioners’ delay was bona fide due to the tragic loss of their child
¶ 29It determined that a "mechanical application" of Section 21(g) would result in "hostile discrimination" and violate the constitutional right to reproductive autonomy when the wife remains within the legal age limit and both are medically fit
¶ 28-2905Holding
The Court answered the issues in favor of the petitioners, holding that the husband's marginal over-age could not bar the wife's right to ART
¶ 30The writ petition was allowed, directing respondent clinics to proceed with IVF treatment as an "exceptional case"
¶ 30(a)The Court ordered that the treatment continue even if the wife crosses age 50 during the cycle and protected the IVF clinic from any penal or regulatory action for complying with the judicial order
¶ 30(b), 30(d)Original Court PDF
NEERU SINGHvsSTATE OF CHHATTISGARH
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