Delhi High Court allows continuation of stem cell treatment for two children with autism

The Delhi High Court recently allowed two children diagnosed with autism spectrum disorder (ASD) to continue undergoing stem cell treatment and said that abrupt cessation of treatment may not be in the best interest of the patients..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula passed the order while dealing with a plea filed by parents of the children challenging the recommendations dated December 6, 2022 issued by the committee on stem cell use in autism spectrum disorder constituted by Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC).The recommendations said that use of stem cell in ASD or its promotion and advertisement will be considered professional misconduct. It was pointed that though the recommendations have been placed before the NMC, the commission is yet to render its decision on it.The petitioners said that their children who have been diagnosed with ASD showed marked improvement after they were administered stem cell treatment. However, due to the recommendations, by the committee their treatment has been stopped as the doctors fear that they may be subjected to proceedings for committing professional misconduct..After considering the case, the Bench noted that the anecdotal evidence by Dr Sandhya Gokavarapu – mother of the children and a noted oncologist – underscored potential benefits of the stem cell treatment, especially when early discontinuation might result in detrimental setbacks.“In the spirit of patient autonomy, it is noteworthy that the Petitioners are not seeking financial assistance from the State and are fully aware of and willing to assume potential risks. Their choice underscores their conviction in the treatment’s benefits for their loved ones. Given these considerations, it becomes clear that an abrupt cessation of the treatment might not be in the best interests of the patients involved. Thus, while the Petitioners are granted permission to continue the stem cell treatment, they must do so with full knowledge and at their own risk,” the Court said.It also interacted with two senior doctors from the All India Institute of Medical Sciences (AIIMS) who cautioned against the use of stem cell treatment in ASD case.However, the Court said that the doctors’ account pertains to a non-ASD case and lacks thorough documentation in the report, making it less directly applicable to the matter at hand..The Court further observed that the urgency of this situation calls upon the NMC to expedite its review process and come to a conclusive decision, bearing in mind the Committee’s recommendations.It then directed the NMC and the Central government to file a detailed counter affidavit in the matter.“Though AIIMS is not a party to the present petition, and no specific relief is sought against them, the nature of the controversy before us suggests that the input from one of India’s foremost research institutes would be invaluable. This is especially true given the public interest ramifications stemming from the issues at hand. Consequently, AIIMS is hereby impleaded as a Respondent. They are directed to file a comprehensive counter-affidavit within a span of four weeks," the Court ordered. It also expressed its gratitude to Dr Sujata Mohanty and Professor Sheffali Gulati, the two AIIMS doctors who assisted the Court..Senior Advocate Sandeep Sethi along with advocates Akshay Sapre, Shruti Shivkumar and Sahel Sood appeared for the petitioner parents.Additional Solicitor General Chetan Sharma with Central Government Standing Counsel (CGSC) Ripu Daman Bhardwaj and advocates Amit Gupta, Kushagra Kumar, Ghanshyam Jha, Saurabh Tripathi, Vikramaditya Singh represented the Central government.Advocates Satya Ranjan Swain and Kautilya Birat appeared for AIIMS.Advocates T Singhdev, Aabhaas Sukhramani, Abhijit Chakravarty, Bhanu Gulati, Anum Hussain and Tanishq Srivastava represented the NMC..[Read Order]