Originally posted by : Democratic Indian
<>: Lodge criminal complaint for what crime? What is illegal in getting IVF done for enjoying reproductive rights? Husband will file complaint that he has filed divorce and now wants to deny her the reproductive rights?
Unfortunately common sense is not common in this world. I do not think going for IVF is a crime. If she has done some "crime" what is that crime you are so worried about? Where is the legal injury she has done to hospital or ICMR by not disclosing she is legally married?
<>: The crime is: Inspite of being married, she has undergone IVF with donor sperm without husband's consent. That too by supressing her true marital status to the fertility clinic. Only SINGLE women are eligible for AID (Artificial Insemination by Donor) without husband's consent. "Single" here means never-married, divorcee or widow. Separated women come under "Married" category.
Husband's complaint won't stand any merit. Agreed. He won't officially complain anywhere either. All he will do is tip-off the fertility clinic about her true marital status, in a bid to harass her. The fertility clinic would then pursue all legal/criminal steps TO SAVE THEIR OWN HEAD. They will have their own fear-quotient. They will be afraid that if ICMR somehow comes to know that the clinic has performed IVF with AID (Artificial Insemination by Donor) on a married lady without her husband's consent, ICMR might cancel their license. So to safe-guard their business and to prove that they are not involved in the cospiracy it will be the hospital authority’s legal compulsion to lodge complaint against the lady and inform ICMR about the corruption. And subsequently if ICMR (read Indian govt) decides to prosecute the lady for voluntarily violating ICMR guidelines, God save her!
<>: Guidelines are not equal to law. The hospitals and ICMR has lot more important work to do than chasing their customers in court for no reason.
<>: ICMR has not created its guidelines for timepass. Violation of ICMR guidelines can be prosecuted under sections 193, 196 and 228 of IPC and under section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Please refer the link https://www.icmr.nic.in/guide/ART%20REGULATION%20Draft%20Bill1.pdf for details.
Your reply does not really merit any response. Despite clearly providing answers and that IVF is not a crime, etc. etc. etc. still you are hell bent on believing what you want to believe based on your figments of imagination. If this is the case then why are you asking the forum?
It is said little knowledge is dangerous. All those so called offenses under IPC that you have mentioned exactly seems to be the case. Following is repeated again -
1. Guidlines are not equal to law
2. Draft Bill or even a Bill is not equal to law
For a Bill to become law, it has to be passed by both houses of Parliament. Then it must recieve President's signature and seal. Then it must be publically notified in the official gazette.