The Kerala High Court has issued notices to the State and Union Governments, the Indian Council of Medical Research (ICMR) and Indian Medical Council to respond to a public interest litigation (PIL) filed to regulate the activities of mushrooming Assisted Reproductivity Treatment (ART) clinics and to also ban usage of donor embryo, sperm and ovum in infertility treatment techniques.

The PIL was admitted by a division bench of the High Court comprising Chief Justice N K Sodhi and Justice P R Raman on June 23.

According to the PIL filed in the court by one Anitha Jayadevan, her husband Advocate N Jayadevan and father M Kuttappan Nair from Palakkad, the infertility clinics were adopting many illegal and unethical treatment processes related to infertility. The practice of using donor sperm, ovum and embryo without the consent of spouses have become rampant though these clinics are not authorized to collect, store and use the same.

Though an expert committee appointed by ICMR has formulated national guidelines for Accreditation, Supervision and Regulation of Assisted Reproductive Techniques in infertility clinics, and the same has been made public, the Central and State Governments have not enacted laws incorporating these provisions to strictly regulate these clinics, the petition stated.

The PIL also said more than 300 exclusive ART & infertility treatment hospitals, including about 20 in Kerala operate in the country with an estimated annual turnover of above Rs 2500 crore.