The Lok Sabha on Wednesday passed a long awaited bill to regulate and supervise assisted reproductive technology(ART) clinics and to establish a national registry and registration authority in the country which is emerging as a major centre in the multi-million dollar fertility services industry.
The Assisted Reproductive Technology (Regulation) Bill, 2021 provides for penal provisions with offences punishable with hefty fines and tougher sentences(8 to 12 years).
The bill to regulate clinics offering fertility treatments was first presented publicly in 2008 also provides for punishment to those involved in trafficking and sale of embryos.
Union Health Minister Mansukh Mandaviya said many ART clinics have been running in the country without regulation and a need was felt to regulate them as there are implications on the health of those who undertake the procedure.
”We cannot allow unethical practices.Those who are involved in unethical practices must be punished,” he said while moving the Bill for passage and consideration of the House.
”We don’t want the Assisted Reproductive Technology to become an industry.” ART relates to a range of medical interventions that help in reproduction, including procedures such as in-vitro fertilisation and oocyte donation.
The Bill, which envisages prevention of misuse, and safe and ethical practice of assisted ART services, also seeks to set minimum standards and code of conduct for fertility clinics and egg or sperm banks.
It was passed by voice vote after a discussion during which various members urged the government not to exclude single parents and lesbian, gay, bisexual, or transgender(LGBTQ) community from using the ART procedure.
According to PRS India, a legislative think-tank, the bill introduced last year had provisions that offences will be punishable with a fine between Rs 5 and Rs 10 lakh for the first contravention. For subsequent contraventions, these offences will be punishable with imprisonment for a term between eight and 12 years, and a fine between Rs 10 and Rs 20 lakh, the bill’s provisions state.
Any clinic or bank advertising or offering sex-selective ART will be punishable with imprisonment between five and ten years, or fine between Rs 10 lakh and Rs 25 lakh, or both, the bill’s provisions state, according to PRS India.
Some members also said since a bill on surrogacy is pending in the Rajya Sabha and the two draft legislations are inter-linked, both should be passed together.
During the discussion, RSP’s N K Premachandran raised a point of order on an issue related to the ART bill which is dependent upon another bill.
”Surrogacy bill is pending in the Upper House, that has not been passed. How can this House pass a law that is depending upon another law… My point is that this bill cannot be taken into consideration, this bill cannot be discussed,” he said.
Responding to this, Minister Mandaviya said the surrogacy bill was already passed in the Lok Sabha and now …….