INSTAR : Indian Society for Third Party Assisted Reproduction's Blog

LETTER TO HON. UNION MINISTER OF HEALTH AND FAMILY WELFARE,

GOVERNMENT OF INDIA.

To

Shri. Jagat Prasad Naddaji

Hon’ble Union Minister of Health and Family Welfare

New Delhi

RE: Letter dated 27/10/2015 issued by Indian Council of Medical Research (ICMR) for restricting the treatment of foreign nationals for surrogacy.

Sir,

The undersigned are the office of bearers of the society registered under the name and style of INSTAR. The society comprises for various IVF specialist Doctors, lawyers and ART banks (representative of surrogates). The doctors of the society have received a letter dated 27/10/2015 from ICMR bearing No. 5/10/8/2008-RHN late in the evening to convey the information as per the stand of the Department of Health Research, Ministry of Health and Family Welfare, Government of India, that foreigners shall not be entertained for availing surrogacy services in India. The letter is served through email under the signatures of Dr. R.S Sharma.

Sir, with due respect, it came as utter shock and surprise not only to the entire medical fraternity working in this field but is against the spirit of democracy and rule of law. In our due submission, it is pertinent to mention that the ART Bill, 2014 draft is still in consultative stage as the same was made public on 30^th September, 2015 and the general public as well the stake holders are given a period of 45 days to make their comments / objections and suggestions (if any). The said time frame has not got over and the BILL is yet to be presented and passed in the Parliament.

It is further submitted that there is a PUBLIC INTEREST LITIGATION (PIL) pending before the Supreme Court of India bearing no. 95/2015 and titled as ‘Jay Shree Wad Versus Union of India’ wherein the Supreme Court after hearing the petitioner sought certain explanations from Union of India through Solicitor General of India and asked to revert back with reply/explanation of Union of India on 28^th October, 2015. And an evening before the said date of 28^th October, 2015 the doctors get the letter from ICMR about the decisions taken already about matters in the proposed ART BILL.

Further, the Supreme Court of India was in a state of awe to know that the decisions are already taken in a matter that is sub- judice and sought affidavit (s) from competent authorities . The process of to make law on the Assisted Reproductive Technology (ART) has got defeated. If the outcome is already decided,  what is the purpose of seeking comments from public. It has made democracy a mockery where it means that no matter what the patients and people of India and patients  may say and feel , the outcome is pre determined. Democracy of India is For the people, of the people and by the people and our law making processes are established. Interference in the matter which is sub-judice losses the faith in the good governance of the country.

Also, to mention to the Hon’ble Minister that before the Supreme Court would know, the media knows it all. Even the doctors were not aware but media knew word by word as to what was decided by the Government of India.

Sir, family is the primary unit of society. This matter directly effects each and every individual in one way or the other. Such, a matter certainly cannot be pre decided when the BILL is already in progress and the Honourable Supreme Court has taken a note of the matter.

Sir, there are also matter pertaining to the ambiguity of the letter and the status of the communication in the light that Supreme Court refused to take on record any such decision till the affidavits are filed and it is not examined. The next date of hearing before  the Hon’ble Supreme Court  is 24^th November, 2015.

Sir, we request your esteemed office to look into the matter and to kindly take the necessary steps for corrective measures so that there is no interference in the process of law making process of the  Parliament of India.

 With Regards

TEAM INSTAR