Govt plans guidelines for fertility clinics

While hearing an appeal by a couple from Kerala, who was a victim of wrong treatment at a fertility clinic, the Centre8217;s counsel expressed deep concern and submitted that guidelines would be framed for enforcement till the law was made.

8220;The process of enacting a mandatory law is already on. However, guidelines will be enforced till the law is enacted,8221; he said before the Bench comprising Chief Justice K G Balakrishnan, Justices P Sathasivam and J M Panchal.

Following the submission, the court granted the Government four weeks to file an affidavit in this regard. The Centre had in its response before the HC submitted the document on 8216;National Guidelines for Accreditation, Supervision and Regulation of ART Clinics8217; framed by the Indian Council for Medical Research ICMR.

The couple, aggrieved by the HC8217;s order that had refused to treat their petition as a PIL, has sought framing of guidelines for establishment of infertility clinics, with the method of Assistance Reproductive Technique ART.

The petitioners had urged that it be treated as a PIL for issuing directions to the Centre for coming out with guidelines for regulating fertility clinics so that others don8217;t undergo the trauma they went through. Due to the negligence of the clinic, a wrong method was applied leading to the mismatch of DNA. As a result, the childless woman had to undergo a major surgery, which had cost them a fortune.

While refusing to treat it as a PIL, the HC had observed that the couple had filed a private lawsuit seeking compensation from the clinic for negligence and deficiency in service.