Centre asks Punjab for report on Sidhu Moosewala’s mother’s pregnancy through IVF

Ranjan’s letter highlighted a news report indicating that Kaur underwent IVF treatment to conceive at the age of 58. “Under… Assisted Reproductive Technology (Regulation) Act 2021, the age limit prescribed for a woman going under ART services is between 21 and 50 years. You are requested to look into the matter and submit a report to this department of the action taken in this case,” stated a letter from the health ministry.

While the letter only pointed to the age of the mother, according to senior officials, if the father’s sperm was used, that too would violate provisions of the Act, which sets the upper age limit for the use of such technologies at 50 years for women and 55 for men. Moosewala’s father Balkaur Singh is 60 years old. “If clinics and doctors from India are involved, there are clear legal provisions that will be applicable,” said the official.

Sources, however, said Moosewala’s parents had gone abroad for the IVF procedure, though the baby was delivered in India.

Dr Balbir Singh, the Punjab Health Minister, said the state will write to the Centre asking it to treat the case with sensitivity, grace and restraint. “Is Charan Kaur the only one who has delivered a baby at this age by IVF? Child marriages are also illegal, but are they not rampant in some states? They are not the first couple to have a baby with this technique. They had a tragedy. They lost a son who was a star in his youth. They have got some hope after this child. What is immoral or wrong in this? BJP believes in rule by law. This should not make the lives of people miserable. Such issues should be handled with sensitivity. I am praying for the child; I pray he also grows into a bright star and gives happiness to his parents.”

On Tuesday, soon after getting a notice from the authorities, Moosewala’s father Balkaur had posted a video on social media alleging harassment from the Punjab government. “The district administration has been harassing me since morning, asking for documents of this child. I am being asked all kinds of questions to prove that this child is legitimate.”

“I want to make an appeal to the government, especially the Chief Minister, to let the treatment of my wife get over. I live here. Wherever you will summon me, I will come.”

Dr Rajni Jindal, an IVF specialist at Jindal Heart and Infertility Institute in Bathinda, where the child was born on March 17, denied any violation of the ART Act. “Charan Kaur had already conceived when she approached us. They sought treatment for conception outside of India, although the specific country is unclear. It was our duty to provide appropriate health services to the pregnant woman who sought our assistance. We ensured that all paperwork related to the birth of the child was devoid of any technical issues, and complied with the law,” Dr Jindal said.

This age restriction under the ART (Regulation) Act, 2021 stem from several crucial health factors concerning the mother. First, as women age, the quality of their eggs diminishes, impacting the success rates of IVF. Additionally, the risk of miscarriage rises, posing potential complications. Plus, older women face an increased likelihood of chromosomal abnormalities in embryos, raising concerns for both mother and child. Lastly, the body’s response to fertility drugs may be less effective as women age, further complicating the IVF process.

According to the law, violating provisions of the Act is punishable by a fine of Rs 5 lakh to 10 lakh for the first contravention. Subsequent contraventions can attract imprisonment between three to eight years and a fine of Rs 10 to 20 lakh.

There have been petitions in the last couple of years that have challenged the upper age limit. In a case in Kerala, the state High Court had allowed the couple to continue treatment despite crossing the age limit.

Moosewala was murdered on May 29, 2022 in Mansa district. The ongoing investigation has named 31 accused, including gangsters Lawrence Bishnoi and Goldy Brar, and 25 arrests have been made.

His parents have named the newborn Shubhdeep — after his late brother, Shubhdeep Singh Sidhu, popularly called Sidhu Moosewala. Balkaur said his name symbolises the return of happiness to their lives.