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Kerala High Court on Wednesday observed that the imposition of age restriction under the Assisted Reproductive Technology (Regulations) Act, 2021 (ART) without a transitional provision, is irrational and arbitrary.
Court has directed that the petitioners who were undergoing ART services as of the date of January 25, 2022 shall be permitted to continue their treatment. The direction came in a batch of petitions challenging the upper age limit of 50 years for women and 55 years for men prescribed under the ART Act which prohibits the application of ART services to persons above the prescribed age limit. Court also directed that National Board shall alert the central government about the need for a re-look at the upper age limit prescribed in section 21(g) of the act. The National Board shall also bring to the notice of the central government the requirement of including a transitional provision in the ART act. The directions shall be complied with by the National Board within three months of receipt of a copy of this judgment, the court said. The Single Bench of Justice VG Arun also 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 central government, so as to effectuate a detailed discussion on the subject and pave the way for necessary amendments. (ANI)
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