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This is an archive article published on September 1, 2023

HC permits stem cell therapy for two kids with autism

The order came in a petition moved by family members of the two children who had challenged a December 6, 2022 recommendation of the Ethics and Medical Registration Board of the National Medical Commission regarding stem cell treatment in ASD.

delhi hc autism stem cell therapyThe bench also said the NMC is permitted to take a final view on the recommendation as per provisions of the NMC Act, and listed the matter on October 3. (File Photo)
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HC permits stem cell therapy for two kids with autism
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The Delhi High Court on Thursday permitted two children suffering from autism spectrum disorder (ASD) to undergo stem cell therapy for treatment of their condition, in a plea against a recommendation regarding the treatment.

The order came in a petition moved by family members of the two children who had challenged a December 6, 2022 recommendation of the Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) regarding stem cell treatment (SCT) in ASD.

The family’s grievance was that the doctors treating the children have stopped the same because the recommendation stated that the “use, promotion and advertisement of SCT shall amount to professional misconduct”.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said, “No fruitful purpose will be served by stopping the treatment which is going on at present and therefore, the petitioners are permitted to continue the treatment”.

The bench also said the NMC is permitted to take a final view on the recommendation as per provisions of the NMC Act, and listed the matter on October 3.

It said the treatment would be at the consent/risk of the petitioners. The court also permitted the respondents including the NMC and Union of India to file their replies.

In a previous hearing on August 29, the HC had requested the assistance of professor/specialist in the field of SCT from AIIMS. On Thursday, two doctors from the institute, who were present to assist the court, said SCT is a mode of treatment only with respect to cancer patients; however, with respect to autism, there is no established protocol so far as SCT is concerned. SCT, with respect to autism, is at an experimental stage, they said.

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The HC, however, noted that as of now “no final order has been passed by NMC or Union of India, banning the therapy in respect of ASD”.

“No statutory provision of law has been brought to our notice, which prohibits the use of SCT in ASD,” the HC added.
An oncologist present in the hearing, said that she is a mother of a four year child with ASD and she had used stem cell therapy for her child. She stated that her child had shown “improvement on account of this therapy and if the treatment is discontinued the child will suffer irreparable loss and no decision has been taken by the NMC”.

An oncologist present in the hearing, said that she is a mother of a four year child with ASD and she had used stem cell therapy for her child. She stated that her child had shown “improvement on account of this therapy and if the treatment is discontinued the child will suffer irreparable loss and no decision has been taken by the NMC”.

The HC was informed by Additional Solicitor General Chetan Sharma appearing for the Union of India that there was a plea was pending before the supreme court where a prayer had been made to prohibit stem cell therapy for ASD. Senior advocate Sandeep Sethi appearing for the petitioners said that the moment they found that this plea was pending in SC they moved an application for intervention and the same had been allowed. Sethi further said that, “Right now no interim order had been passed by the SC and the treatment should not be discontinued”.

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