Silbania Lyngdoh vs . Union Of India & Anr on 10 February, 2025

Meghalaya High Court

Silbania Lyngdoh vs . Union Of India & Anr on 10 February, 2025

Author: W. Diengdoh

Bench: W. Diengdoh

Serial No.06
Daily List

                             HIGH COURT OF MEGHALAYA
                                 AT SHILLONG
  WP (C) No.462/2024 with
  MC (WPC) No.216/2024
                                                       Date of Order: 10.02.2025
  Silbania Lyngdoh                        Vs.               Union of India & anr
  Coram:
               Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
               Hon'ble Mr. Justice W. Diengdoh, Judge
  Appearance:
  For the Petitioner                        : Mr. N. Syngkon, Adv with
                                              Ms. L. Phanjom, Adv
  For the Respondents                       : Dr. N. Mozika, DSGI with

Ms. K. Gurung, Adv
Mr. N.D. Chullai, AAG with
Mr. E.R. Chyne, GA
F

i) Whether approved for Yes
reporting in Law journals etc.:

ii) Whether approved for publication Yes
in press:

Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the
composition of the bench by name of judges, while reporting
this judgment/order.

The writ petitioner a woman of just over 50 years of age wants
to undergo the procedure under the Assisted Reproductive Technology
(Regulation) Act, 2021. The Act does not allow such procedure on a
woman over the age of 50 years.

It appears that this woman approached the Institute of Human
Reproduction, Guwahati to undergo the procedure. The hospital advised

Page 1 of 3
her it was not allowed by the Act but if the Court directed performance it
would do so.

This writ was filed by her challenging the portion of the Act
which does not allow a woman of over 50 years of age to avail of this
procedure and for directions upon the hospital to carry it out.

By our earlier order, we had asked the hospital to form a
medical board to tell us whether this procedure could be carried out
safely on the writ petitioner. We had also asked the Union of India and
the State to take instructions in the matter.

On the earlier date of hearing, we were told that the Institute
did not do anything because of some procedural problem they faced with
regard to service of the order.

Today, we are absolutely shocked to read their letter dated 5th
February, 2025 to the effect that the hospital does not have a
“multispecialty team which is an integral part of the Medical Board
which is being requested upon. Kindly note that we are a health facility
which specializes in rendering Mother & Child services. Hence, we
would suggest that the same may be requested to any Government
hospital/Medical College & Hospital/Any Multispecialty Hospital
having the adequate facility and expertise.”

We take a very serious view of the matter. At one point of
time, the hospital is telling the patient to get a Court order to enable it to
perform the procedure. Now, they turn around and say that they cannot
form a medical board. This tantamounts to saying that they cannot even
opine whether the procedure is safe or reasonably free from risk for the
writ petitioner.

This kind of an attitude cannot be tolerated by the Court.

Page 2 of 3

The head of the Institute of Human Reproduction is directed to
file an affidavit after due consultation with the specialist in this
procedure attached to this hospital whether this procedure can be
performed on the writ petitioner or not, how safe is the procedure and
what are the risks if any attached to it.

If no satisfactory response is received, we shall have to
presume that the hospital does not want to take any care of or
responsibility towards its patients or its medical professionals simply do
not have the competence to carry out the procedure under the said Act. If
either of the two are established in public interest, we would have to pass
necessary orders restraining this Institute to perform any kind of
procedure under the Assisted Reproductive Technology (Regulation)
Act, 2021.

List this writ petition on 20th February, 2025.
The Registry of this Court along with the Advocate-on-Record
for the petitioner will immediately serve a copy of this order on the
Institute.

       (W. Diengdoh)                                     (I.P. Mukerji)
           Judge                                          Chief Justice



Meghalaya
10.02.2025
"Lam DR-PS"




                                                                     Page 3 of 3