SHILLONG, Jan 27: The High Court of Meghalaya has directed the Institute of Human Reproduction, Guwahati to constitute a medical board to file a report on whether a petitioner could receive the treatment of assisted reproductive technology.
In a writ petition, Sylvania Lyngdoh appealed to the court to declare a portion of the Assisted Reproductive Technology (Regulation) Act of 2021 as invalid. The said does not allow a woman over 50 years of age to avail of the technology.
The petitioner, just over 50, said she wants to avail of the technology. In an order on December 17, 2024, the Division Bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh directed the Institute of Human Reproduction to constitute a medical board and report if the petitioner could receive the treatment.
The central and state governments were asked to take instructions on the matter.
The court was shown a letter dated January 15 by the Medical Superintendent of the Institute of Human Reproduction in Guwahati’s Bharalumukh area where he stated that since “no certified copy or notice of appearance or writ petition copy has been received from the court of law… we are unable to process your request at this stage.”
The counsel for the petitioner submitted that by a letter dated January 11, the necessary details and a copy of the court’s December 17, 2024, order were duly sent to the hospital.
However, he was unable to file an affidavit of service evidencing the submission.
The court stated that the documents mentioned in the letter of the Medical Superintendent’s January 18 letter were not sent by it but served by the party upon the person or authority concerned for compliance unless the court specifically directed its registry to transmit a copy of the order.
The latter direction was not made in this case. Hence, based on the copy of the order, if served by the advocate for the petitioner at the hospital, the hospital ought to have complied with the order.
“In any case, all orders of this court are uploaded in its website and if the hospital had an intention to comply with it, it could have verified the order from the website. We do not appreciate this delay caused by the hospital,” the Division Bench said.
The counsel for the Centre and the state sought two weeks to seek necessary instructions.
The court adjourned this writ petition till February 10.
