A vacuum in the legal framework has left the State government groping in the dark for booking a Assisted Reproductive Technology (ART) centres that was raided on Saturday.
The police found 48 surrogate women holed up for the duration of pregnancy in the building. According to senior officials in Telangana’s health administration, who did not want to be named, the government is contemplating booking the centre under the PCPNDT (Pre-Conception and Prenatal Diagnostics Techniques) Act, as equipment that the act covers were being used at the clinic. However, all the violations noted do not fit under the provisions of the act, which is undoubtedly stringent.
The absence of a law to regulate assisted reproduction, including surrogacy, has left the State in the dark. “What was seen at the fertility clinic was not acceptable practice, but there is no law to govern such clinics. Ultrasound machines were seized at the clinic, which attract the provisions of the PCPNDT Act,” the official said.
The raid, which was jointly conducted by the District Health and Medical Officer and the Police found 48 women, in various stages of pregnancy, kept at the two-floor centre in Banjara Hills. During the raid, officials said they found the documents pertaining to the women were not in order. They learnt from the women themselves that each of them were being paid between ₹ 2.5 lakh and ₹ 3.5 lakh for renting out their womb. On Monday, the DMHO visited the clinic again to review documents. The official has been instructed to submit a report to higher authorities of the health department before the State can book the clinic.
Though no act exists that regulates assisted reproduction, the Indian Council for Medical Research under the Ministry of Health, had released guidelines for clinics offering ART services. According to these guidelines, every State should have an accreditation authority for ART Clinics. While Telangana does not have such an authority, it could not be ascertained if rest of the country is following them. The accreditation authority will register ART clinics.
Incidentally though, according to sources in the health department who questioned the management of the ART centre on permits, the management responded saying they had permits from ICMR. However, the National Registry of ART Clinics and Banks states on its web page that it has not issued registration numbers or accreditation to any ART clinic in the country. Given the legal dilemma for the government, Health Minister C. Laxma Reddy on Sunday said the State would have a legal framework in place for ART and surrogacy. Given that a draft bill was cleared by the Union Cabinet last year, sparking controversy, it remains to be seen if Telangana can set up such a legal framework.
