Bombay HC Disposes Plea Challenging ART Age Cap After Medical Unfitness
UPSC / SSC current affairs note · Polity
Why in news
The Bombay High Court disposed of a plea challenging the upper age limit for assisted reproductive treatment under the ART Act, 2021, after medical tests found the two women petitioners unfit for IVF. The case highlighted the constitutional challenge to Section 21(g) of the ART Act, which restricts donor gamete use to women aged 21-50.
Background
The Assisted Reproductive Technology (ART) Act, 2021, regulates ART services in India. Section 21(g) sets an age cap of 21-50 years for women using donor gametes. Two women aged 54 and 56 challenged this provision as unconstitutional, arguing it violated fundamental rights and discriminated against older women compared to male sperm donors (allowed up to 55).
Key facts
Two women aged 54 and 56 challenged Section 21(g) of the ART Act, 2021, which caps the age for women receiving donor gametes at 50.
The Bombay High Court directed medical tests at Cama and Albless Hospital, Mumbai, following a Supreme Court precedent.
Medical reports found both women unfit for IVF: one had hypothyroidism and was post-menopausal for 2 years; the other had diabetes and was post-menopausal for 5 years.
The court disposed of the petitions as the issue became 'academic' after the medical unfitness findings.
The petitioners' advocate argued that the law allows male sperm donors up to age 55, creating an imbalance.
The court allowed petitioners to obtain copies of medical reports; original reports remain sealed.
The bench comprised Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad.
Prelims pointers
- Assisted Reproductive Technology (ART) Act, 2021
- Section 21(g) of ART Act: age cap for women using donor gametes (21-50 years)
- Bombay High Court
- Cama and Albless Hospital, Mumbai
- In Vitro Fertilization (IVF)
- Constitutional challenge under Article 14 (right to equality) and Article 21 (right to life)
Mains angles
- GS2: Constitutional validity of age restrictions in ART Act – right to equality and reproductive autonomy.
- GS2: Judicial review of social welfare legislation – balancing medical ethics and fundamental rights.
- GS2: Gender discrimination in ART laws – differential age caps for male donors and female recipients.
- GS1: Social issues – aging and reproductive rights of women.