Madras HC allows re-opening of Erode clinic sealed in illegal egg donation case

The Madras High Court on Thursday, July 21, ordered the Tamil Nadu government to remove the seal placed in Sudha Hospital in Erode, where a 16-year-old girl’s ovarian eggs or oocytes were retrieved and sold. When the case came up for hearing, the hospital stated that the equipment of the hospital was sealed without providing any legal justifications and this was obstructing their medical practice. In June of this year, horrific details about how a child was forced to sell her eggs since she was 12 had emerged, following which action was taken against four fertility hospitals located in multiple districts.

The Tamil Nadu Health Department informed the court that action against the hospital was taken in public interest as it violated rules and added that there was a provision for this in the law. They also said that action against the hospital was taken without giving any notice as evidence might have been destroyed if prior information was given. It informed the court that the girl’s identity was forged on her Aadhaar card as if she was 27 years old, which was also a violation of law. 

After hearing both the parties, Justice Abdul Quddhose stated that there had been no previous complaints against the hospital for thirty-five years since it began operating, and that the hospital’s registration will be suspended only if there is satisfactory evidence of violation of law. The judge quashed the state government’s order stating that it had not provided sufficient reasons for suspending the hospital’s registration and directed the Health Department officials to issue an order within 12 weeks, after giving the hospital sufficient time to explain the matter. 

Tamil Nadu Health Minister Ma Subramanian told media persons on July 14 that the state government had decided to shut down four hospitals, including Sudha Hospital in Erode, based on a report submitted by a team from the Directorate of Medical and Rural Health Services (DMS). The minister also issued a warning that any fertility hospital found guilty of malpractices will be fined Rs 50 lakh or will face a jail term of upto 10 years under the Assisted Reproductive Technology (Regulation) Act, 2021.