Kerala high court to examine ART practices
The bench of Justices Devan Ramachandran and M B Snehalatha had recently interacted with the additional secretary of health services, who is the designated authority under the Assisted Reproductive Technology (Regulation) Act, regarding malpractices in the field.
The court was hearing a petition from a private ART bank in Ernakulam seeking release of seven women brought from other states to Kerala for surrogacy.
Police had detained the women after a raid conducted with authorities under the ART Act.
During the hearing, the petitioners said the women came to Kerala in response to a newspaper advertisement. HC called it a 'startling submission' and asked for a copy of the ad. Petitioners produced one that appeared on social media. The court orally observed: "People are there in other states getting ladies and bringing them. Absolutely, it is inter-border trafficking."
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The court decided to examine the process of bringing women from other states for ART and surrogacy.
The petitioners claimed seven women were detained. But state govt told the court there were only six women—five from WB and one from TN—and a child. One woman had already donated an oocyte (a cell in an ovary) in Hyderabad, though the Act allows such donation only once in a lifetime. While the petitioners named a seventh woman, the state denied this and said she was not present at the clinic during the raid.
Govt also opposed the claim that the women responded to the petitioners' ad. It said the claim was implausible as the women spoke only their native languages and the ad was found on social media. The govt pleader said a probe is needed to find out how the women reached the clinic after seeing the ad.
Police protection for 'detained women'
Counsel for the shelter home where the women are housed told the court that many people were trying to gain access by claiming the women were detained illegally or needed to sign vakalaths or other contracts.
She said this was causing a law-and-order issue. HC directed the SHO of Kalamassery station to maintain a beat around the shelter and respond quickly to any request for help.
Hurdles faced by authorities
Kerala has 110 ART clinics, 25 ART banks and 23 surrogacy clinics. Ernakulam alone has eight such clinics. ART clinics are classified into Level 1 (which perform intrauterine insemination) and Level 2 (which offer advanced treatments like IVF, intracytoplasmic sperm injection, surgical retrieval of gametes, embryo transfer and storage).
The state has only one designated authority, headed by an additional secretary of the health and family welfare department. This authority issues licences, inspects clinics and acts against violations under ART and surrogacy laws. But limited staff and resources make it hard to ensure compliance.
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