The Health Department has ordered action against four private hospitals in Salem, Krishnagiri and Erode for violations under Assisted Reproductive Technology (Regulation) Act and Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act based on the inquiry report on the case of a minor being forced to donate oocytes, Health Minister Ma. Subramanian said.
Last month, the case of a 16-year-old girl being forced to donate her oocytes using a fake Aadhaar card had surfaced following which police arrested four persons including her mother, mother’s partner and a woman intermediary. An inquiry team led by A. Viswanathan, Joint Director of Medical and Rural Health Services, was formed, and the final report was submitted on July 7.
Based on the final report submitted by a team from the Directorate of Medical and Rural Health Services (DMS), the state government has decided to immediately shut down the four hospitals.
Recommendation to take action on two other hospitals, one in Thiruvananthapuram, Kerala, and the other in Tirupati, Andhra Pradesh, will also be sent to the respective state governments, he said. A probe in to the case had discovered that gross violations occurred at the six hospitals, namely Sudha Hospital in Erode, Sudha Hospital in Salem, Rama Prasad Hospital in Perundurai, Vijay Hospital in Hosur, Sree Krishna Hospital in Thiruvananthapuram, and Mathrutuva Test Tube Baby Centre in Tirupati.
It was found that over the past four years, the child had been made to donate her ova a staggering eight times to fertility hospitals in Erode and in neighbouring districts. The police had said at the time that for each donation, the mother had been paid Rs 20,000 and her friend received Rs 5,000. It was also reported that the girl had been sexually assaulted by the mother’s partner several times. The case came to light when the relatives of the girl in Salem registered a complaint with the police after she took refuge with them. A case under the Protection of Children from Sexual Offences (POCSO) Act had been registered at the time of arrests.
The final report submitted on Thursday by the six-member DMS team, headed by Dr A Viswanathan, revealed multiple violations, the Health Minister said while addressing the media. “The fact that the girl’s actual age is 16 had been deliberately suppressed. We have learnt that the child was forced to donate her ova by her own family. The investigation also shows that despite knowing that the Aadhaar card submitted by the family was fake, the six hospitals misused the document,” he said.
It has been established that there was commercial donation at these hospitals. There were no qualified counsellors, the pros and cons of oocyte donation were not explained to the girl before donation, ultrasound images were not stored at the hospitals. The hospitals were unable to submit all documents required by the inquiry committee, he said, adding that the girl was forced to donate oocytes several times. The Aadhaar card was not verified. The approval that should be obtained from the spouse was obtained from some person, he further said.
The minister also issued a warning that any fertility hospitals discovered of malpractice will be fined Rs 50 lakh or sentenced to10 years imprisonment under the Assisted Reproductive Technology (Regulation) Act, 2021.
