Supreme Court Addresses Discrimination Concerns in Prenatal Genetic Testing Age Criteria

Central Supervisory Board Directed to Review and Consider Amendments to Enhance Access for Younger Women

In a significant ruling, the Supreme Court of India has addressed concerns regarding the age criteria imposed for prenatal genetic testing under the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. The judgment, delivered on November 17, 2025, in the case of Meera Kaura Patel v. Union of India, focused on the provision that restricts access to prenatal diagnostic techniques primarily to pregnant women aged 35 years and above, or those with a family history of genetic disorders. 

The petitioner, Meera Kaura Patel, an eminent member of the Bar and Advocate-on-Record, challenged this provision as arbitrary, arguing that it infringes on the rights guaranteed under Articles 14 and 21 of the Constitution. Patel contended that the restriction deprives younger pregnant women of crucial information about fetal abnormalities, potentially affecting their right to health, informed reproductive choices, and dignity.

In response, the Union of India, represented by the Ministry of Health and Family Welfare, clarified that younger women are not entirely barred from accessing these diagnostic techniques. They can qualify under other conditions outlined in Section 4(3) of the Act, paired with Form 'F' under the Rules, which includes 23 age-independent indications for prenatal diagnostic services.

The Court, under the bench of Justices Surya Kant and Joymalya Bagchi, examined the provisions and found that while the petitioner's concerns did highlight potential issues, the matter could be better addressed by domain experts. The judgment noted that the legislative policy aims to safeguard all women, irrespective of age, particularly those with specific medical histories.

The petitioner presented empirical studies showing a significant occurrence of genetic disorders and congenital anomalies in women under 30 years, challenging the rationale of the age criteria. Although the Court did not find a clear case of discriminatory treatment or constitutional rights violations, it acknowledged the importance of reviewing the existing framework.

Consequently, the Supreme Court disposed of the writ petition, directing the Central Supervisory Board, constituted under the 1994 Act, to consider the petitioner's pleadings, counter affidavit, and rejoinder affidavit as a comprehensive representation for evaluation. This directive opens the door for potential amendments or clarifications in the Rules or Form 'F', with the Competent Authority urged to consider changes in public interest.

This decision reflects the Court's commitment to ensuring reproductive rights are aligned with contemporary medical insights, safeguarding the health and dignity of all women.

Statutory provision(s): Articles 14, 21 of the Constitution of India, 1950, Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 4(3).

Meera Kaura Patel v. Union of India, (SC) : Law Finder Doc Id # 2811677