Monday 12 June 2017

Mumbai surrogacy scam: Man summoned to answer for child rights violation

As mid-day had reported on May 26, Shubhangi Bhostekar filed a complaint against her estranged husband Prakash Bhostekar after she found out he had used bogus documents to secretly get a son through surrogacy. She also filed a police complaint against Jaslok Hospital and the doctors, Dr Firuza Parikh and Dr Sujaata Sawker, who helped her husband.

It was after mid-day pointed out that Prakash had procured fake documents to fool the hospital into proceeding with the surrogacy, that the Mulund police sent a letter to JJ hospital to set up a panel of experts and investigate the matter.


‘Hospital’s fault too’

Shubhangi still blames the hospital for not checking the documents properly before allowing the surrogacy, especially since she never gave her consent, which is legally required when any couple opts for surrogacy. “The hospital can’t wash their hands of the matter now. Why there was no proper mechanism to cross-check all the documents? If this is the condition, then anyone can provide false documents for surrogacy,” she said.

Hearing this week

The MCPCR will hold its first primary hearing on June 14 at its head office. A June 5 letter from the commission, addressed to Shubhangi, states, “According to your complaint, you are asked to attend the first primary hearing of the commission regarding birth of a child of selected sex (male) through surrogacy with the help of Dr Firuza Parikh and Dr Sujaata Sawker at Jaslok Hospital without the consent of the spouse and victimisation of said spouse (wife) at the hands of police at Mulund police station.”
The commission also summoned the senior officer from Mulund police station, the accused -- Prakash Bhostekar, Dr Parikh and Dr Sawkar – as well as Shubhangi’s lawyer, Vidya Siddha. However, a spokesperson representing IVF specialist Dr Parikh said that so far they haven’t received any such letter from the commission.
“We had filed a complaint with the commission for the harassment my client faced at the hands of her husband. Just for a son, Bhostekar mentally harassed her. Twice, he made her abort her pregnancy after finding out it was a girl. After Shubhangi filed a police complaint, he filed for divorce. This is not only a violation of human rights but also a violation of child rights. In today’s world, where girls are at par with boys in every respect, people still go to such an extent for a son,” said Shubhangi’s lawyer.

About MCPCR

The Maharashtra Commission for Protection of Child Rights was set up in July 2007 as a statutory body under the Commission for Protection of Child Rights Act, 2005 to protect, promote and defend child rights in the state. In her complaint to the body, Shubhangi stated that her husband had caused emotional trauma to her daughters by abandoning them in his craze for a son.

Prosecution?

Speaking to mid-day, AN Tripathi, secretary of MCPCR, said, “We have judiciary authority and if we find any violation, we can recommend prosecution. Surrogacy is a complicated matter and we will have to look into all the details. I will not be able to comment on anything until June 14.”

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