Court Appoints Amicus Curiae to Assist in Constitutionality Case Against Section 21(g) of Assisted Reproductive Technology Act, 2021
In a significant legal development, the Bombay High Court has addressed a constitutional challenge against Section 21(g) of the Assisted Reproductive Technology Act, 2021. The petitioners, Swati Sharad Parab and others, have approached the court seeking to declare the age restrictions for assisted reproductive techniques unconstitutional. The court, however, underscored the necessity of robust analytical data and medical research to substantiate the petitioners' claims of medical fitness despite their advanced age.
The petitioners, aged 55 and 53 respectively, have been medically certified as fit to carry a pregnancy to term. However, the existing legal framework restricts the age for women to receive donor gametes to 50 years. The court noted the absence of research or analytical data within the petitions to prima facie establish the medical fitness of the petitioners for pregnancy at their age.
Recognizing the complexity of the issue, the court appointed Senior Advocate Mr. Ashutosh Kumbhakoni as Amicus Curiae to assist in the case. The decision highlights the court's commitment to a thorough examination of the matter, ensuring that any constitutional interpretation is backed by empirical evidence and expert insights.
Advocate Ms. Kalyani Tulankar, representing the petitioners, has assured full cooperation with the Amicus Curiae and agreed to make necessary amendments to the pleadings based on further research. The case has been scheduled for a subsequent hearing on April 22, 2026, allowing time for additional research and preparation.
The case not only questions the constitutional validity of age restrictions under the ART Act but also emphasizes the role of medical and scientific research in shaping reproductive rights and policies. The court's directive for comprehensive data and expert assistance reflects the evolving interplay between law and science in contemporary legal challenges.
Bottom Line:
Assisted Reproductive Technology Act, 2021 - Challenge to the constitutionality of Section 21(g) - Petitioners sought permission to undergo assisted reproductive techniques using donor gametes despite exceeding the age limits prescribed in the Act - Court emphasized the need for analytical data and medical research to support claims - Amicus Curiae appointed to assist the Court.
Statutory provision(s): Constitution of India, 1950 Article 226, Assisted Reproductive Technology Act, 2021 Section 21(g)
Swati Sharad Parab v. Union of India, (Bombay)(DB) : Law Finder Doc id # 2875165
