Topic
Kerala High Court reaffirms that Assisted Reproductive Technology (ART) services cannot be denied solely based on one spouse exceeding the prescribed age limit, extending the precedent in Union of India v. Devayani. The ruling reinforces reproductive rights as fundamental, mandating equal access to ART regardless of age thresholds.
The Kerala High Court has ruled that denying MEDISEP medical claims merely because treatment was received at a non-empanelled hospital violates the fundamental right to health under Article 21. The judgment reinforces that the authenticity of treatment, certified by medical records, is the only valid criterion - not administrative empanelment status. This protects thousands of beneficiaries, especially in emergencies where empanelled hospitals are inaccessible.
The Kerala High Court has ruled that accused persons in cheque bounce cases under Section 138 of the NI Act may seek handwriting expert analysis to rebut the statutory presumption that they authored the cheque. This clarifies that the presumption is rebuttable and affirms the right to a fair trial by allowing forensic evidence to test the complainant’s allegations, directly impacting defense strategy in financial dispute prosecutions.