ART act Flashcards
Why in News
Recently, the Lok Sabha has passed the Assisted Reproductive Technology (Regulation) Bill, 2021.
The bill has excluded live-in couples, single men and the LGBTQ community.
Background
The Government had been working on the bill to regulate the ART industry since 2008 when it was first drafted by the Indian Council of Medical Research (ICMR).
The bill was first introduced in Lok Sabha in 2020 but the House had referred it to a standing committee.
About the Bill
National Registry and Registration Authority:
The bill proposes the establishment of a national registry and registration authority for all clinics and medical professionals serving in the field.
It will help in maintaining a database of all clinics and medical professionals serving in the field.
State governments will appoint registration authorities for facilitating the registration process. The registration will be valid for five years and can be renewed for a further five years.
Stringent Punishment
It further seeks stringent punishment for those practicing sex selection, sale of human embryos or gametes, or found running agencies, rackets and organisations for such practices in violation of the law.
For First-Time Offenders:
It may attract a penalty between Rs. 5 lakhs and Rs. 10 lakhs.
For Subsequent Contraventions:
Punishable with imprisonment for a term between eight and 12 years, and a fine between Rs. 10 and Rs. 20 lakh.
Any Clinic or Bank Advertising or Offering Sex-Selective ART:
Punishable with imprisonment between five and ten years, or fine between Rs. 10 lakh and Rs. 25 lakh, or both.
Need
To Standardise Protocols:
There are so many such ART clinics that have been running without regulation and there are implications on the health of those who undertake the procedure.
If there is no regulation, the unethical practices will increase.
To Protect Women and Children:
The oocyte (a cell in an ovary) donor needs to be supported by an insurance cover. Multiple embryo implantation needs to be regulated and children born through ART need to be protected.
Concerns
Discrimination in Accessibility:
The Bill allows for a married heterosexual couple and a woman above the age of marriage to use ARTs and excludes single men, cohabiting heterosexual couples and LGBTQ+ individuals and couples from accessing ARTs.
Duplicacy:
Both Surrogacy and ART Bills will set up multiple bodies for registration which will result in duplication or worse, lack of regulation.
For example, a surrogacy clinic is not required to report surrogacy to the National Registry.
VIOLATION
The bill violates Article 14 of India’s constitution and is also silent on the rights of children.
According to Article 14, equality before law and equal protection of law to any person within India cannot be denied.
Cost of the Services:
The cost of the procedure should be effectively monitored so that even the poor can avail of its services.
What is the ART ?
ART is used to treat infertility. It includes fertility treatments that handle both a woman’s egg and a man’s sperm. It works by removing eggs from a woman’s body and mixing them with sperm to make embryos. The embryos are then put back in the woman’s body.
In Vitro fertilization (IVF) is the most common and effective type of ART.
ART procedures sometimes use donor eggs, donor sperm, or previously frozen embryos. It may also involve a surrogate carrier.
When was the bill approved?
The Union Cabinet has approved the Assisted Reproductive Technology (ART) Regulation Bill, 2020 to monitor medical procedures used to assist people to achieve pregnancy.
APPROVED IN 2020 ITSELF.
Need for the Bill
Exponential Growth: Assisted reproductive technology (ART) has grown by leaps and bounds in the last few years. India is among countries that have seen the highest growth in the number of ART centres and ART cycles performed every year.
India has become one of the major centres of the global fertility industry (ART), with reproductive medical tourism becoming a significant activity. This has also introduced a plethora of legal, ethical and social issues; yet, there is no standardisation of protocols and reporting is still very inadequate
The select committee of the Parliament that examined the Surrogacy Regulation Bill, 2019 has said that it would be prudent to bring the ART Bill before the Surrogacy Bill, 2019, to establish a regulatory mechanism for ART clinics.
The ART Regulation Bill is supposed to be more overarching and the first step to regulate the sector. Without registration and a proper database of medical institutions and clinics providing such services, it is impossible to regulate services like surrogacy and abortion (Medical Termination of Pregnancy Amendment Bill, 2020).
It needs to be noted that all the three Bills are designed around protecting and recognizing women’s reproductive rights.
