Campaign to Regulate ARTs ...
A host of wide-ranging technologies, under the umbrella term of Assisted Reproductive Technologies, raise important issues that surface from the interface between technology, health and society. Sama has consistently advocated for certain basic ingredients in an ART legislation like safeguarding the health and rights of the women undergoing these technologies, along with highlighting the implications on children born through these techniques, women from socially and economically marginalized sections, persons of different sexual orientation and different abilities. One of Sama’s prime concerns has been the commercialization and commodification of women’s reproductive tissues and the unregulated mushrooming of IVF clinics and the increasing ‘reproductive’ tourism in India.
Sama has taken the issue forward to different networks working on health and technology, at the national, regional and international levels through writings in various magazines, newspapers, and journals and organizing workshops, trainings and consultations. Sama has also been initiating discussions and debates around Assisted Reproductive Technologies in different movements and fora.
The campaign has been changing tracks in line with the developments in the field. The initial efforts were focused on critiquing the National Guidelines for Accreditation, Supervision and Regulation of ART clinics in India issued by the Indian Council of Medical Research (ICMR) in 2005. The critique was conveyed to the ICMR and also widely disseminated among groups and networks. From inputs from research, Sama has also provided evidence from the field regarding ways in which the guidelines were flouted. Along with the guidelines, the ICMR and the Ministry of health began a process of drafting a legislation for the regulation of the ART industry. Sama worked towards facilitating the opening up of the Draft legislation to the public so that it could be analysed by a larger section and then strengthened with their feedback and suggestions.
Sama has been conducting meetings and national consultations since 2004 to create a platform for discussing and debated the various interlinked issues around ARTs. On September 13 and 14, 2008, at the ‘National Consultation on ARTs: Emerging Concerns and Future Strategies’, the Draft ART (Regulation) Bill & Rules was presented by the ICMR after which the document was officially released on the websites of the ICMR and the Ministry of Health and Family Welfare. The Bill was debated and discussed in detail during the two-day consultation.
The Draft, though finally out, is far from being comprehensive and compromises on the health of women and children in addition to furthering the interest of the private sector providers of the techniques. The concerns with the Draft Bill were disseminated to newspapers through a press release that emerged from the Consultation.
The ICMR and the Ministry are currently inviting feedback on the Draft Bill. Sama’s efforts are currently geared towards persuading the Ministry to increase the duration of seeking suggestions to six months at least to give adequate time to the concerned groups to articulate their suggestions.