New Delhi, April 15 (IANS) The Delhi High Court has allowed the wife of an Indian Army soldier in a persistent vegetative state to seek retrieval and cryopreservation of his sperm for IVF treatment, holding that his prior consent to undergo assisted reproductive treatment before the accident would be treated as sufficient compliance under the law.
A single-judge Bench of Justice Purushaindra Kumar Kaurav passed the order while hearing a plea filed by the wife of a Lance Naik, seeking directions to permit the extraction and preservation of her husband’s genetic material after he suffered severe traumatic brain injury in a fall during patrol duty in Jammu and Kashmir.
In its order, the Delhi High Court directed that the soldier’s prior consent to participate in IVF treatment with his wife be treated as valid compliance with Section 22 of the Assisted Reproductive Technology (Regulation) Act, 2021, despite his current inability to furnish written consent owing to his medical condition.
“It is found to be fair, reasonable, and just for the respondents to undertake the necessary procedure/steps which are required to take the IVF treatment to its logical conclusion,” Justice Kaurav said.
The petitioner’s husband, who joined the Army in 2014, suffered the injury on July 7, 2025, while posted at Dhoodhganga in Jammu and Kashmir, after falling from a considerable height during patrol in an operational area.
He has since remained in a persistent vegetative state with no reasonable likelihood of neurological recovery in the near future.
The couple had married in 2017 and had opted for IVF treatment in June 2023 to conceive a child.
During the proceedings, the Army Hospital (R&R), Delhi Cantonment, constituted a medical board which opined that while surgical retrieval of sperm was technically feasible, the chances of obtaining viable sperm were “meagre”.
Rejecting objections raised by the authorities over the absence of fresh written consent from the soldier, the Delhi High Court said strict adherence to procedural requirements cannot defeat substantive reproductive rights.
“The right to reproductive autonomy, it must be remembered, is a fundamental right. The ART Act must be so interpreted which furthers the said right, and not derogates from it,” the order observed.
It added that if the prior consent given by the husband for IVF treatment was not recognised, “the very purpose for acceding to the IVF treatment shall be rendered otiose”.
On the medical board’s observation that chances of retrieval of viable sperm were low, Justice Kaurav remarked: “Whether or not the petitioner herein, and her husband, are to beget a child, is not in human hands. It is destiny that determines whether or not the fortune of parenthood shall get bestowed upon persons.”
The Delhi High Court further directed that the wife’s consent be treated as valid consent on behalf of her husband for purposes of the IVF procedure wherever required, and held that authorities will not deny her the treatment solely on the ground of absence of the husband’s written consent.
However, the order clarified that the relief would remain subject to other statutory compliances and the medical condition of the soldier’s husband. The registry was also directed to anonymise the identities of the petitioner and her husband in the judgment and interim orders.
–IANS
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