W.P.(C) No. 5263/2023 & batch

W.P.(C) No. 5263/2023 & batch : 1 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 ## WP(C) NO. 5263 OF 2023 ## PETITIONER/S: - 1 ALPHONSA XAVIER AGED 55 YEARS WIFE OF K V JOHN, 'KUTTIKKATTU HOUSE', NEAR YATCH CLUB, KONTHURUTHY, THEVARA P O, ERNAKULAM, PIN – 682 013. - 2 K.V. JOHN AGED 64 YEARS K O VARGHESE, 'KUTTIKKATTU HOUSE', NEAR YATCH CLUB, KONTHURUTHY, THEVARA P O, ERNAKULAM, PIN – 682 013. BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ ## RESPONDENT/S: - 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN – 110 001. - 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. - 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN – 682 011. - 4 THE LIFELINE HOSPITAL AND INFERTILITY CENTRE REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 55/981-983, MAIN AVENUE ROAD, PANAMPALLY NAGAR, KOCHI, PIN – 682 036. R2 AND 3 BY SMT. DEEPA NARAYANAN,SENIOR GOVERNMENT PLEADER R1 BY SRI.MANU.S, DEPUTY SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH WP(C). NOS. 5417, 5423, 5892, 5551 & 6208 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 5263/2023 & batch : 2 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 ## WP(C) NO. 5417 OF 2023 ## PETITIONER/S: - 1 VASANTHI K.M AGED 54 YEARS DAUGHTER OF K SUBHRAHMANYA VARYAR, 'ANANDOTHU VARYAM', VENGARACHAL, THILLENKERI, KANNUR, PIN – 670 702. - 2 KRISHNA PRASAD A.P. AGED 52 YEARS SON OF SREEDHARA VARIAR, 'KARANATHIL HOUSE', IRINGATH PO, PAYYOLI, KOZHIKODE, PIN – 673 523. BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ ## RESPONDENT/S: - 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN – 110 001. - 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. - 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN – 682 011. - 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686 673. R1 BY SRI. MANU S., DSGI R2 & R3 BY SMT. DEEPA NARAYANAN, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH WP(C).5263/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 5263/2023 & batch : 3 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 ## WP(C) NO. 5423 OF 2023 ## PETITIONER/S: 1 CHITRA B.R AGED 53 YEARS WIFE OF MOHANLAL V, TC 54/845, 'REVATHY', PONNUMANGALAM, NEMOM PO, THIRUVANANTHAPURAM, PIN – 695 020. 2 MOHANLAL V AGED 57 YEARS SON OF VELAYUDHAN NADAR, TC 54/845, PONNUMANGALAM, NEMOM PO, THIRUVANANTHAPURAM, PIN – 695 020. BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ ## RESPONDENT/S: - 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN – 110 001. - 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. - 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER, DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN – 682 011. - 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY P.O., MUVATTUPUZHA, PIN – 686 673. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH WP(C).5263/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 5263/2023 & batch : 4 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 ## WP(C) NO. 5551 OF 2023 ## PETITIONER/S: - 1 BABY JAYA S AGED 50 YEARS WIFE OF AJITHKUMAR N, 'KIZHAKKEKOLEZHATHU', VELORVATTAM C M C 1, CHERTHALA PO, ALAPPUZHA, PIN – 688 524. - 2 AJITH KUMAR N AGED 58 YEARS SON OF K P NANAPPAN, - KIZHAKKEKOLEZHATHU', VELORVATTAM C M C 1, CHERTHALA PO, ALAPPUZHA, PIN – 688 524. BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ ## RESPONDENT/S: - 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN – 110 001. - 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. - 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN – 682 011. - 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686 673. R1 by SRI.MANU.S, DEPUTY SOLICITOR GENERAL OF INDIA R2 & 3 BY SMT.DEEPA NARAYANAN,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2023, ALONG WITH W.P.© NO. 5263/2023 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 5263/2023 & batch : 5 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 ## WP(C) NO. 5892 OF 2023 ## PETITIONER/S: - 1 MINI N.P. AGED 48 YEARS WIFE OF SATHYAVRITHAN KARUNAKARAN, 'KARUNANILAYAM', VARANAD PO, CHERTHALA SOUTH, ALAPPUZHA, PIN – 688 539. - 2 SATHYAVRITHAN KARUNAKARAN AGED 59 YEARS SON OF KARUNAKARAN, 'KARUNANILAYAM', VARANAD PO, CHERTHALA SOUTH, ALAPPUZHA, PIN – 688 539. BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ ## RESPONDENT/S: - 1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN – 110 001. - 2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. - 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN – 682 011. - 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686 673. R1 BY SRI.MANU.S,DEPUTY SOLICITOR GENERAL OF INDIA R2 AND R3 BY SMT.DEEPA NARAYANAN,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH W.P.© NO. 5263/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 5263/2023 & batch : 6 : IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 ## WP(C) NO. 6208 OF 2023 ## PETITIONER/S: 1 SUSALA S AGED 50 YEARS WIFE OF SATHEESAN, 'MAVARATHU MELE PUTHEN VEEDU', VAZHUTHOOR, NEYYATTINKARA PO, THIRUVANANTHAPURAM, PIN – 695 121. 2 SATHEESAN C AGED 57 YEARS SON OF CHELLAN, 'MAVARATHU MELE PUTHEN VEEDU', VAZHUTHOOR, NEYYATTINKARA PO, THIRUVANANTHAPURAM, PIN – 695 121. BY ADVS. AKASH S. GIRISH KUMAR M S V.S.VARALEKSHMI DEVIKA JAYARAJ ## RESPONDENT/S: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SASTHRI BHAVAN, NEW DELHI, PIN – 110 001. 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 3 THE DISTRICT REPRODUCTIVE & CHILD HEALTH ("RCH") OFFICER DISTRICT MEDICAL OFFICE, ERNAKULAM, PARK EVE, MARINE DRIVE, ERNAKULAM, KERALA, PIN – 682 011. 4 SABINE HOSPITAL AND RESEARCH CENTRE PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, PEZHAKKAPPALLY PO, MUVATTUPUZHA, PIN – 686 673. R1 BY SRI.MANU.S,DEPUTY SOLICITOR GENERAL OF INDIA R2 AND 3 BY SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## W.P.(C) No. 5263/2023 & batch : 7 : ## **SHAJI P. CHALY, J.** ---------------------------------------------------------------------- W.P.(C). Nos.5263, 5417, 5423, 5551, 5892 & 6208 of 2023 -----------------------------------------------------------------------Dated this the 23[RD] day of February, 2023. ## **JUDGMENT** The captioned writ petitions are filed seeking reliefs under the provisions of the Assisted Reproductive Technology (Regulation) Act, 2021 (‘Act, 2021’ for short). The petitioners in all the writ petitions are husband and wife aged above 50 years. According to the petitioners, they have been under treatment for infertility for the last several years and having realized that there is no chance to conceive naturally, they sought treatment involving Assisted Reproductive Technology at various hospitals. 2. However, consequent to the age bar created under Section 21(g) of the Act, 2001 to seek Assisted Reproductive Technology to a women above the age of 21 years and below the age of 50 years, the petitioners are put to severe prejudice, since all of them have crossed the age of 50 years. 3. Therefore, the common relief sought for by the petitioners is to declare sub-clause (g) of Section 21 of the Act, 2001 to the extent it defines the maximum age for man and woman to seek Assisted Reproductive Technology services to the petitioners, as W.P.(C) No. 5263/2023 & batch : 8 : unconstitutional. 4. The question raised by the petitioners in the captioned writ petitions was considered by a learned single Judge of this Court in the decision in _**Nandini K. and Ors. v. Union of India and Ors.**_ reported in 2023(1) KLT 426 = 2023(1) KHC 149, taking into account the principles of law laid down by the Apex Court in the decisions in _**Suchita Srivastava and anr. v. Chandigarh Administration**_ [(2009) 9 SCC 1] and _**K.S. Puttuswamy and another v. Union of India**_ [(2017) 10 SCC 1], and it is held as follows: 12. On the contention that the State cannot regulate the reproductive choices of its citizens, it may be worthwhile to refer to Article 16(1) of the Universal Declaration of Human Rights, extracted hereunder; “Article 16(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.” In **Suchita Srivastava** (supra), the Apex Court held reproductive choice of women to be a dimension of her personal liberty. The contextually relevant portion of the judgment reads as under; “22. There is no doubt that a woman’s right to make reproductive choices is also a dimension of “personal liberty” as understood under Article 21 of the Constitution of India. It is important to recognise that reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman’s right to privacy, dignity and bodily integrity W.P.(C) No. 5263/2023 & batch : 9 : should be respected. This means that there should be no restriction whatsoever on the exercise of reproductive choices such as a woman’s right to refuse participation in sexual activity or alternatively the insistence on use of contraceptive methods. Furthermore, women are also free to choose birth control methods such as undergoing sterilisation procedures. Taken to their logical conclusion, reproductive rights include a woman’s entitlement to carry a pregnancy to its full term, to give birth and to subsequently raise children. However, in the case of pregnant women there is also a “compelling State interest” in protecting the life of the prospective child. Therefore, the termination of a pregnancy is only permitted when the conditions specified in the applicable statute have been fulfilled. Hence, the provisions of the MTP Act, 1971 can also be viewed as reasonable restrictions that have been placed on the exercise of reproductive choices.” Later in K.S.Puttuswamy (supra), the Constitution Bench declared family, marriage, procreation and sexual orientation as integral to the dignity of an individual. Paragraph 298 of the judgment is extracted hereunder for easy reference; “298. Privacy of the individual is an essential aspect of dignity. Dignity has both an intrinsic and instrumental value. As an intrinsic value, human dignity is an entitlement or a constitutionally protected interest in itself. In its instrumental facet, dignity and freedom are inseparably intertwined, each being a facilitative tool to achieve the other. The ability of the individual to protect a zone of privacy enables the realisation of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. Privacy has not been couched as an independent fundamental right. But that does not detract from the constitutional protection afforded to it, once the true nature of privacy and its relationship with those fundamental rights which W.P.(C) No. 5263/2023 & batch ## : 10 : are expressly protected is understood. Privacy lies across the spectrum of protected freedoms. The guarantee of equality is a guarantee against arbitrary State action. It prevents the State from discriminating between individuals. The destruction by the State of a sanctified personal space whether of the body or of the mind is violative of the guarantee against arbitrary State action. Privacy of the body entitles an individual to the integrity of the physical aspects of personhood. The intersection between one’s mental integrity and privacy entitles the individual to freedom of thought, the freedom to believe in what is right, and the freedom of selfdetermination. When these guarantees intersect with gender, they create a private space which protects all those elements which are crucial to gender identity. The family, marriage, procreation and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognises an inviolable right to determine how freedom shall be exercised. An individual may perceive that the best form of expression is to remain silent. Silence postulates a realm of privacy. An artist finds reflection of the soul in a creative endeavour. A writer expresses the outcome of a process of thought. A musician contemplates upon notes which musically lead to silence. The silence, which lies within, reflects on the ability to choose how to convey thoughts and ideas or interact with others. These are crucial aspects of personhood. The freedoms under Article 19 can be fulfilled where the individual is entitled to decide upon his or her preferences. Read in conjunction with Article 21, liberty enables the individual to have a choice of preferences on various facets of life including what and how one will eat, the way one will dress, the faith one will espouse and a myriad other matters on which autonomy and self-determination require a choice to be made within the privacy of the mind. The constitutional right to the freedom of religion under Article 25 has implicit within it the ability to choose a faith and the freedom to express or not express those choices to the world. These are some illustrations of the manner in which privacy facilitates freedom and is intrinsic to the exercise of liberty. The Constitution does not contain a separate W.P.(C) No. 5263/2023 & batch ## : 11 : article telling us that privacy has been declared to be a fundamental right. Nor have we tagged the provisions of Part III with an alpha-suffixed right to privacy: this is not an act of judicial redrafting. Dignity cannot exist without privacy. Both reside within the inalienable values of life, liberty and freedom which the Constitution has recognised. Privacy is the ultimate expression of the sanctity of the individual. It is a constitutional value which straddles across the spectrum of fundamental rights and protects for the individual a zone of choice and selfdetermination.” ## (emphasis supplied) 13. Thus, the personal choice of individuals to procreate and build family is held to be a facet of his/her fundamental right. This right is being restricted by fixing an upper age limit for availing ART services. While the State has the power to impose reasonable restrictions, such restriction can always be tested on the touchstone of liberty guaranteed under Article 21. It is now settled that legislative action can be challenged on the ground of lack of legislative competence, violation of fundamental rights or any other constitutional provision and manifest arbitrariness. In Shayara Bano v. Union of India (2017 (3) KLT SN 67 (C.No.87) SC = (2017) 9 SCC 1), the Apex Court has termed ‘manifest arbitrariness’ as something done by the legislature capriciously, irrationally and/or without adequate determining principle. Also, when something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. At the same time, this Court has to be mindful of the principle of ‘presumption of constitutionality of legislations’. On a careful balancing of the above principles, I find it difficult to hold the prescription of upper age limit in S.21(g) to be so excessive and arbitrary as to warrant judicial interference. At the same time, I find the imposition of age restriction, without even a transitional provision, to be irrational and arbitrary. As mentioned earlier, some of the petitioners were undergoing assisted reproductive technology services when the ART Act was introduced on 25.01.2022. The prohibition under S.21(g), if understood to be preventing even continuance of ART services already commenced, would definitely amount to unreasonable and unjustified restriction on the reproductive W.P.(C) No. 5263/2023 & batch : 12 : choice of the commissioning couple and would militate against the liberty guaranteed under Article 21.” 5. I have heard the learned counsel for the petitioners Sri. Akash Sathyanandan, learned Senior Government Pleader Smt. Deepa Narayanan and the learned Deputy Solicitor General of India Sri. Manu S., and perused the pleadings and material on record. 6. The learned counsel for the petitioners submitted that it would suffice, if the writ petitions are disposed of in terms of the judgment in _**Nandini K**_ (supra). 7. The discussion of facts made above and the principles of law evolved by this Court in _**Nandini K**_ (supra) makes it clear that the respondents therein were directed to consider the issue raised by the petitioners with respect to the upper age limit in Section 21(g) of the Act, 2021. Having regard to the facts and circumstances and the submissions made by the petitioners therein, who are similarly situated, were permitted to continue their treatment as on 25.01.2022. 8. In that view of the matter, since the petitioners are stated to be undertaking the treatment as on the date of introduction of the Act, these writ petitions are disposed of in terms of the judgment in _**Nandini K**_ (supra) and the directions issued as above in the said judgment would strictly apply to the petitioners in these ## W.P.(C) No. 5263/2023 & batch : 13 : writ petitions as well. 9. Writ petitions are allowed to the above extent and there will be a direction to the Central and State Governments to consider the request of the petitioners with respect to the upper age limit fixed under Section 21(g) of the Act, 2021, in terms of the directions contained in the judgment in _**Nandini K.**_ (supra). In all respects, the directions contained thereunder against the official respondents would be applicable to the official respondents in these writ petitions as well. sd/- **SHAJI P. CHALY, JUDGE.** Rv : 14 : ## W.P.(C) No. 5263/2023 & batch ## APPENDIX OF WP(C) 5263/2023 ## PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER. Exhibit P2 TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER. Exhibit P3 TRUE COPY OF THE MEDICAL RECORDS INCLUDING NOTES OF THE DOCTOR ISSUED FROM VIJAYA CLINIC, PANAMPALLI NAGAR, ERNAKULAM DATED 14.05.2022. Exhibit P4 TRUE COPY OF TEH MEDICAL RECORDS INCLUDING THE NOTES MADE BY THE DOCTOR AT THE 4TH RESPONDENT HOSPITAL, DATED 21.03.2021. Exhibit P5 TRUE COPY OF THE INVOICE ISSUED BY THE 4TH RESPONDENT HOSPITAL DATED 15.09.2021. Exhibit P6 TRUE COPY OF THE THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005. ## RESPONDENTS’ EXHIBITS: NIL True Copy rv PS To Judge. ## W.P.(C) No. 5263/2023 & batch : 15 : ## APPENDIX OF WP(C) 5417/2023 ## PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF TEH AADHAAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF TEH AADHAAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONERS DATED 21.01.2015 Exhibit P4 TRUE COPY OF THE IVF TREATMENT SUMMARY DATED 04.03.2021 Exhibit P5 TRUE COPY OF THE IVF TREATMENT SUMMARY DATED 04.06.2021 Exhibit P6 TRUE COPY OF THE IVF TREATMENT SUMMARY DATED 14.10.2021 Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005 ## RESPONDENTS’ EXHIBITS: NIL True Copy rv PS To Judge. : 16 : ## W.P.(C) No. 5263/2023 & batch ## APPENDIX OF WP(C) 5423/2023 ## PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY FOT EH AADHAAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE FRONT PAGE OF THE PATIENT CARE NOTE BOOK MAINTAINED FOR RECORDING THE TREATMENT AT ECHS HOSPITAL, THIRUMALA, THIRUVANANTHAPURAM AND THE TREATMENT DATED 28.10.2016 Exhibit P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE PATIENT CARE NOTE BOOK REFLECTING TREATMENT DATED 09.10.2018 Exhibit P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE PATIENT CARE NOTE BOOK REFLECTING TREATMENT DATED 17.06.2019 Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE PATIENT CARE NOTE BOOK REFLECTING TREATMENT DATED 16.09.2019 Exhibit P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE PATIENT CARE NOTE BOOK REFLECTING TREATMENT DATED 21.07.2020 Exhibit P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE PATIENT CARE NOTE BOOK REFLECTING TREATMENT DATED 29.05.2021 Exhibit P9 TRUE COPY OF THE DOCTOR'S CERTIFICATE DATED 13.02.2022 ISSUED TO THE PETITIONERS WHO WERE SEEKING ADVANCED TREATMENT AT THE 4TH RESPONDENT HOSPITAL Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005. ## RESPONDENTS’ EXHIBITS: NIL True Copy PS To Judge. rv : 17 : ## W.P.(C) No. 5263/2023 & batch ## **APPENDIX OF WP(C) 5551/2023** PETITIONERS’ EXHIBITS: Exhibit1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER Exhibit2 TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE ULTRASOUND SCAN REPORT CONDUCTED AT BIOVISION INDIA SPECIALTY DIAGNOSTIC CENTRE, MAVELIKKARA DATED 24.06.2008 Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 09.05.2013 ISSUED BY LIFELINE HOSPITAL, ADOOR Exhibit P5 TRUE COPY OF THE MEDICAL REPORT DATED 28.01.2019 ISSUED BY THE PAUL'S HOSPITAL, KOCHI Exhibit P6 TRUE COPY OF THE ULTRA SOUND SCAN CONDUCTED ON THE PELVIC REGION OF THE 1ST PETITIONER, AT THE 4TH RESPONDENT HOSPITAL, DATED 12.08.2021 Exhibit P7 TRUE COPY OF THE DISCHARGE SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE 4TH RESPONDENT, DATED 24.09.2021 Exhibit P8 TRUE COPY OF THE IVF TREATMENT SUMMARY OF THE 1ST PETITIONER, ISSUED BY THE 4TH RESPONDENT, DATED 14.12.2021 Exhibit P9 TRUE COPY OF THE ULTRA SOUND SCAN CONDUCTED ON THE PELVIC REGION OF THE 1ST PETITIONER, AT THE 4TH RESPONDENT HOSPITAL, DATED 04.01.2022 Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005 ## RESPONDENTS’ EXHIBITS: NIL True Copy PS To Judge. rv : 18 : ## W.P.(C) No. 5263/2023 & batch ## APPENDIX OF WP(C) 5892/2023 ## PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONERS DATED 22.12.2020 Exhibit P4 TRUE COPY OF THE IVF TREATMENT SUMMARY DATED 12.09.2021 Exhibit P5 TRUE COPY OF THE IVF TREATMENT SUMMARY DATED 15.12.2021 Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005. ## RESPONDENTS’ EXHIBITS: NIL True Copy rv PS To Judge. : 19 : ## W.P.(C) No. 5263/2023 & batch ## A PPENDIX OF WP(C) 6208/2023 ## PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE AADHAAR CARD OF THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE ULTRASOUND SCAN REPORT CONDUCTED AT THE SANTHIDOOTH HOSPITAL, OORUTTAMBALAM DATED 27.01.2005 Exhibit P4 TRUE COPY OF THE DISCHARGE CARD DATED 17.10.2019 OF THE 1ST PETITIONER, ISSUED BY THE SANTHIDOOTH HOSPITAL, OORUTTAMBALAM Exhibit P5 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 11.02.2023 ISSUED BY THE MEDICAL OFFICER AT THE SANTHIDOOTH HOSPITAL, OORUTTAMBALAM TO THE 1ST PETITIONER Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE 'NATIONAL GUIDELINES FOR ACCREDITATION, SUPERVISION AND REGULATION OF ART CLINICS IN INDIA' ("NATIONAL GUIDELINES"), PREPARED BY THE INDIAN COUNCIL FOR MEDICAL RESEARCH ("ICMR") AND NATIONAL ACADEMY OF MEDICAL SCIENCES (NAMS), ON BEHALF OF THE UNION MINISTRY OF HEALTH AND FAMILY WELFARE, OF THE YEAR 2005. ## RESPONDENTS’ EXHIBITS: NIL True Copy rv PS To Judge.