Rajasthan Suspends 9 Neelkanth Fertility Centers Over Alleged ART Act Violations

The Medical and Health Department of Rajasthan has taken a significant disciplinary step against Neelkanth Fertility and Women Care Hospital Private Limited. This action comes in response to alleged violations of the rules and regulations governing Assisted Reproductive Technology (ART) and surrogacy services in the state. According to the official directives, the department has suspended the registrations of a total of 9 centers belonging to the institution, which include ART clinics, ART banks, and surrogacy clinics, until further orders are issued.

Details of the Regulatory Action

Gayatri Rathore, the Principal Secretary of the Medical and Health Department, stated that the action was initiated due to the violation of the provisions laid down under the Assisted Reproductive Technology (Regulation) Act, 2021. The department's investigation focused on the promotional materials published by the institution. It was observed that in an advertisement for the IVF, Fertility, and Test Tube Baby Center, an embryo was depicted in blue color. The department has prima facie interpreted this as a symbolic representation or an indication of promoting services related to a male child or sex selection, which is strictly prohibited under Indian law.

Geographic Scope of Suspensions

The suspension order impacts a wide network of the hospital's operations across Rajasthan. Among the 9 suspended centers, three are located in Jaipur, while one center each is situated in Bhilwara, Udaipur, Kota, Jodhpur, and Ajmer. Health officials have reiterated that the law maintains a zero-tolerance policy towards sex selection and sex-selective ART procedures. The regulatory framework is designed to ensure ethical practices in reproductive technologies, and any deviation that hints at gender preference is treated as a serious legal breach.

Hospital Management Challenges the Decision

On the other hand, the management of Neelkanth Fertility and Women Care Hospital has expressed strong objections to the department's sudden action. The institution has clarified that their advertisement didn't contain any mention of a male child, gender selection, or sex selection. They further emphasized that they never offered or promoted the birth of a child of any specific gender. The hospital management claims that they've never provided any services related to sex selection and have always adhered to the ethical guidelines of the medical profession.

Concerns Over Due Process and Patient Care

A major point of contention raised by the hospital is the lack of a show-cause notice or an opportunity for a fair hearing before the suspension orders were passed. The management stated that they weren't given a chance to explain their position or present their records. They've expressed readiness to submit all treatment records and relevant documents to the department to prove their compliance. On top of that, the hospital has requested the department to stay the suspension order, citing the welfare of patients currently undergoing IVF and ART treatments, while they've also sought permission to continue the safe care and maintenance of cryopreserved embryos, oocytes, and semen samples currently stored at their facilities. The institution concluded by stating that they respect all legal restrictions regarding the ART law and sex selection, and they demand that the case be decided based on available facts, records, and the letter of the law.