Calcutta High Court (Appellete Side)
Soumen Sen & Anr vs Union Of India & Ors on 24 January, 2025
24-01-2025
Item No.20
IN THE HIGH COURT AT CALCUTTA
Subrata Constitutional Writ Jurisdiction
Bhattacharyya Appellate Side
AR(C)
WPA No.24838 of 2024
Soumen Sen & Anr.
-vs-
Union of India & Ors.
Mr. Kallol Basu
Mr. Atreya Chakraborty ...for the petitioners
Ms. Rashmi Bothra
Mr. Samrat Ghosh ...for the Union of India
Mr. Biswabrata Basu Mallick, AGP
Ms. Parna Roy Chowdhury ...for the State
Mr. Dhiman Banerjee ...for respondent no.6
1. The petitioners intend to avail the benefit under the Surrogacy (Regulation) Act, 2021. The hurdle to be crossed by the petitioners is that the first petitioner has crossed the maximum age limit of 55 years only a month back.
2. The delay was caused in obtaining the certificate of medical indication for intending couple on account of the time taken for complying the procedures and though the initial application was made by the petitioners on March 23, 2023, certificate was issued certifying the reports of the intending couple to be in order only on May 9, 2024.
3. It has been submitted that had the said certificate been issued in proper time, the petitioners would have been well within the prescribed age-limit for availing the said benefit.
24. Reliance has been placed on the judgment delivered by this Bench on November 22, 2024 in WPA No.23776 of 2024 (Shyamoli Saha & Anr. v. The State of West Bengal & Ors.) wherein the Court permitted the couple to avail the benefit under the Assisted Reproductive Technology (Regulation) Act, 2021 despite one of the partners being age barred.
5. Any further delay in deciding the instant writ petition will stand as an impediment to grant relief to the petitioners.
6. In view of the above, the Court directs the Principal Secretary, Department of Health and Family Welfare, Government of West Bengal to forward written instructions disclosing the stand of the State.
7. The Principal Secretary shall take into consideration the observations and directions passed by the court in the matter of Shyamoli Saha (supra).
8. List the matter for consideration on February 12, 2025.
9. All parties are to act on the server copy of this order duly downloaded from the official website of this court.
10. Certified copy of this order, if applied for, shall be made available to the parties.
[Amrita Sinha, J ] 3