Delhi High Court refuses to entertain plea against rule on preserving embryos only for original recipient

The Delhi High Court dismissed a petition challenging Rule 13(1)(a) of the Assisted Reproductive Technologies (ART) Rules, 2022, which mandates that unused gametes or embryos be preserved exclusively for the original recipient. The petitioner, Dr. Aniruddha Narayan Malpani, argued that the rule was arbitrary, unreasonable, and violated fundamental rights under Articles 14 and 21 of the Constitution. The court, however, held that the rule was a legislative policy matter and not within its judicial purview. The court emphasized that policy decisions are made by elected representatives and should not be interfered with by the judiciary. The petitioner was given the liberty to make a representation to the Centre instead. This decision underscores the court’s stance on maintaining the separation of powers and respecting legislative policies.