The court observed that the authorities failed to record in writing the reasons for suspending the registration of the clinic without notice.
Published Jul 22, 2022 | 2:20 PM ⚊ Updated Jul 22, 2022 | 5:29 PM
The court order noted that the reason was necessary under the proviso to Section 5 of the Tamil Nadu Private Clinical Establishment Establishment (Regulation) Act 1997 and Section 20(3) of the Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994. (Creative Commons)
The Madras High Court, on Thursday, 21 July, quashed the state government order to seal the Sudha Hospital in Erode over its alleged involvement in the sale of an Oocyte of a minor girl.
A single-judge bench of the court quashed the order, with Justice Abdul Quddhose observing that the respondent authorities had failed to record in writing the reasons for suspending the registration of the establishment without prior notice.
The court order noted that the reason was necessary under the proviso to Section 5 of the Tamil Nadu Private Clinical Establishment Establishment (Regulation) Act of 1997 and Section 20(3) of the Pre-Conception & Pre-Natal Diagnostic Techniques (PCPNDT) Act of 1994.
The Tamil Nadu Health Department, along with the Department of Revenue, sealed the hospital equipment on 15 July over the establishment’s alleged involvement in forcing a 16-year-old girl to donate her Oocyte by colluding with the girl’s mother and inducing her to forge the girl’s Aadhaar card.
The officials sealed the scan centre at the hospital and the machines inside, directing the management to discharge all its patients in two weeks.
The hospital management filed a petition at the Madras High Court challenging the sealing.
The petitioner told the court that the order to seal the hospital and stop new admissions was violative of Article 19 of the Indian Constitution.
“The state government passed the order without giving us the opportunity of hearing under Section 5(2) of the Tamil Nadu Private Clinical Establishment (Regulation) Act 1997,” the petition from the hospital management read.
The petitioner also told the court that the order in which the state government sealed the scan centre and seized the machines inside interrupted the treatment of patients who required ultrasound scans.
The additional advocate general appeared for the respondent and told the court that the hospital received Oocyte from the girl, violating the Assisted Reproductive Technology (Regulation) Act, PCPNDT Act, and the Tamil Nadu Private Clinical Establishment (Regulation) Act 1997.
“The hospital authorities were aware that the child was a minor and yet proceeded with the medical procedure following the age provided in the fake Aadhaar card,” said the respondent.
The court, however, looked into the provisions of the Tamil Nadu Private Clinical Establishment Act and the PCPNDT Act and observed that the respondent had failed to record in writing the allegations against the hospital.
The court then quashed the sealing order and directed the authorities concerned to unseal the hospital equipment in three days.
The court also directed the authorities for a fresh investigation after giving the hospital an opportunity for a hearing.
The Sudha Hospital in Erode received Oocyte from the girl through her mother, her paramour, and a helper.
The ordeal had been happening for quite some time, in which the girl’s mother forced her to donate her Oocyte eight times for a small remuneration.
Each time the girl donated her Oocyte, the trio get ₹25,000. The helper, Malathi, received ₹5,000.
The state police arrested the trio and put them behind bars, while providing counselling for the girl.
