Madras HC quashes govt order, allows re-opening of Erode hospital shut for allegedly selling ovarian eggs illegally – The Indian Express

While quashing the order, Justice Abdul Quddhose observed that the respondent authorities had failed to record in writing the reasons for suspending the registration of the hospital without issuing any notice, the Live Law reported.

A week ago, Tamil Nadu Health Minister Ma Subramanian said four private hospitals in the state will be permanently shut for their alleged involvement in the sale of egg cells of a 16-year-old girl from Erode district. The Sudha Hospital in Erode was one of the four private hospitals. The hospital equipment was sealed and the patients were directed to be discharged within a period of 15 days. Against this order, a writ petition was filed by Sudha Hospital at the Madras High Court.

The hospital told the High Court that they have been operating for the last 20 years and had faced no allegations so far. The hospital stated that the equipment of the hospital was sealed without providing any legal justification and this was obstructing their medical practice, Live Law reported.

The petitioner also contended the Tamil Nadu government’s order was violative of Article 19 of the Indian Constitution. They also contended that the drastic order was passed without granting them an opportunity of hearing under Section 5(2) of the Tamil Nadu Private Clinical Establishment (Regulation) Act 1997.

In June this year, the Tamil Nadu police unearthed a case of a minor girl who was raped by her mother’s male friend on multiple occasions and forced to sell her oocytes (female gamete cells or eggs) to several private hospitals in the region by faking her age.

The health minister said the five-member team led by A Viswanathan, Joint-Director of Medical and Rural Health Services, conducted an inquiry into the incident and submitted their final report on July 7. The action was taken based on the report. Subramanian said the team found that the hospitals had accepted an Aadhaar card from the accused knowing it was fake and none of the mandatory procedures required for egg donation was followed.