Supreme Court Allows Withdrawal Of Petition Seeking Regulations For Pre-Implantation Genetic Diagnosis In View Of Enactment Of ART Act

In a plea seeking directions to regulate Pre-Implantation Genetic Diagnosis/Testing (PGD) in India, pending enactment of codified law, the Supreme Court, on Friday, allowed the petitioners to withdraw their petition in view of the newly enacted legislation, Assisted Reproductive Technology (Regulation) Act, 2021.

Considering the fact that the codified law came into force after the petition was filed in November, 2020, the Court suggested the petitioners withdraw the petition at the present stage.

A Bench comprising Justices D.Y. Chandrachud and Hima Kohli asked the petitioners to examine the impact of the provisions of the 2021 Act, and granted them liberty to approach the concerned authorities or the Apex Court, if the grievance still persists.

"Since the petition was instituted without having the benefit of the provisions of the law which was subsequently enacted, we permit the petitioner to withdraw the petition at this stage. On the event there are any issues which merits attention at the legislative or administrative level, the petitioner would be at liberty to submit representation with appropriate authorities,...or institute appropriate proceedings in accordance with law."

The petition filed by Shruti Dixit, a legal practitioner and Preeti Gokhale, a law student, raises questions about the ethics of using advanced medical technology like Pre-Implantation Genetic Diagnosis/Testing (PGD). This technique involves screening of embryos for the existence of genetic diseases or chromosomal abnormalities. The process is described in the petition as under -

"If a child is suffering for any disease that needs to be treated by a transplant, which transplant may not be timely available, the parents bear a new child who is not afflicted by such condition being suffered by the first child and likely to be a match for the suffering sibling. Such a sibling is created via the use of In-Vitro fertilization (IVF). Thereafter, embryos are screened to eliminate the gene bearing the said disease and selecting a perfect genetic makeup. Thus, the object and purpose of giving birth to the 'Saviour Sibling' is to simply help cure the sick child."

As Justice Chandrachud noted the petition is based on two newspaper reports. In one of the news articles it was reported by Times of India that a couple in Ahmedabad, Gujarat whose child was suffering from thalassemia. The child required bone marrow transplant, but since they could not arrange for a donor, the parents gave birth to another sibling by using PGD. Similarly, in a news article reported in October, 2020, a 'saviour sibling' was created in Mumbai's Jaslok Hospital through IVF for the purpose of bone marrow transplant.

As per the petition the two primary issues of concern in the use of PGD are the right of the child to give consent to be a donor and the responsibility of parents to ensure safety and health of the 'saviour child'. Thus, apart from a regulatory mechanism for PGD, the petition also seeks directions to safeguard the rights of the 'donor child'.

Not losing sight of the misery of the parents who are unable to find a match for the purpose of organ donation for their ailing children, the petition submits that the larger issue of ethics of PGD needs to be deliberated upon, especially given the lack of a regulatory mechanism for the same in the country. The petition submits that representation had been made to the concerned Ministries seeking appropriate guidelines and regulations, however no response has been received till date.

[Case Title: Shruti Dixit And Anr. v. Union of India And Anr. W.P.(C) No. 1363/2020]