SHILLONG, JAN 27: In a legal battle that questions the boundaries of the Assisted Reproductive Technology (Regulation) Act, 2021, the Meghalaya High Court on Monday issued a sharp directive to the Institute of Human Reproduction, Guwahati, to act promptly in forming a medical board to assess whether a 50-year-old woman could undergo treatment using assisted reproductive technology (ART).

The petitioner, Silbania Lyngdoh, had approached the court seeking to challenge a provision of the ART Act that restricts access to technology for women over the age of 50. In her writ petition, Lyngdoh urged the court to declare this clause invalid, arguing that it unjustly denied her the chance to explore motherhood through ART.

A bench comprising Chief Justice IP Mukerji and Justice W Diengdoh reiterated its earlier order dated December 17, 2024, directing the Institute of Human Reproduction to establish the medical board “forthwith.”

The legal tussle gained traction after a letter from the Medical Superintendent of the Institute, dated January 18, 2025, claimed non-receipt of official documentation necessary to act on the court’s directive. This claim, however, was countered by the petitioner’s counsel, who asserted that the order and relevant documents had been sent on January 11, 2025.

In a strongly worded statement, the bench clarified, “Documents mentioned in the Medical Superintendent’s letter are served by the party upon the concerned authority, unless the Court directs its Registry to transmit the order. The hospital ought to have complied based on the served copy.” It further criticized the delay, stating, “All orders of this Court are uploaded on its website. If the hospital had any intention of compliance, it could have verified the order online. This delay is unacceptable.”

The case, which also implicates the Central and State governments, has now been adjourned to February 10, with both parties granted two weeks to gather necessary instructions.

For Silbania Lyngdoh, it’s a fight for the right to dream of motherhood. Whether this legal challenge will reshape ART regulations remains to be seen, but the proceedings underscore a critical debate on age, rights, and reproductive technology in India.

Also Read: Meghalaya’s border dispute: Tales of neglect amid hope for resolution

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