On January 16, a Supreme Court division bench led by Justices S.K. Kaul and A.S. Oka granted the Union Government four (4) weeks to file its counter-affidavit in a petitions filed by lawyer Meera Kaura Patel, asserting that the age restriction of 35 years under Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 for conducting pre-conception and pre-natal diagnostic tests  is a restriction on the reproductive rights of women. On Monday, the Union Government's counsel asked the Bench for more time to file the counter-affidavit confined to the aspect on which the notice was issued. In response to the Counsel's request, the Bench ruled - “... (Counter Affidavit) be filed within 4 weeks as prayed for. Rejoinder, if any, we filed within 2 weeks thereafter.”

The case has been scheduled for a hearing in 8 weeks.

On October 17, 2022, a Bench issued a notice in the petition limited to the aforementioned aspect. Ms. Patel, the petitioner-in-person, informed the Bench that while much water has flowed since her petition was filed and amendments have been made, the issue of age restrictions persists and requires the Court's consideration. The petitioner had relied on the judgement of the Supreme Court in X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi to raise the present challenge. In X v. Principal Health and Family Welfare Department, Govt. of NCT of Delhi the Supreme Court had held that all women are entitled to safe and legal abortions and that there is no justification in excluding unwed women from the purview of Rule 3B of MTP Rules which discusses the classifications of women who can seek abortion of pregnancy in the term 20-24 weeks. However, the Supreme Court clarified that nothing in the judgement should be interpreted as weakening the clauses of the PCPNDT Act.

Case Title: Meera Kaura Patel v. Union of India 
Citation: WP(C) 1327/2019