With the National Guidelines for Stem Cell Research, 2013, the topic of stem cell technology topped the charts of the Indian medical sector. Indian Council of Medical Research (ICMR) in collaboration with DBT outlawed the stem-cell therapy in India and dragged it under the purview of the clinical trial mechanism. The extraction of stem cells is associated with certain ethico-legal controversies and complexities. One of which is the destruction of the human embryo for the extraction of embryonic stem cells for research and therapeutic use. The debate on the said use of the human embryo is backed by religious texts of Judaism and Islam and has always been opposed by certain religious texts of Hinduism and Buddhism. In this article, the author analyses the moral status of the embryo as well as the mechanism of regulation of the extraction of stem cells in India.
* Advocate, Pune District Court and Bombay High Court, Maharashtra, India.
** Assistant Professor, New Law College, Bharati Vidyapeeth (Deemed to be University), Pune, Maharashtra, India