Questions remain over the fate of an alleged embryo smuggler from Malaysia who has not been allowed to leave India since 2019.
Also unanswered is the scope and breadth of the syndicate’s operations in Malaysia, and how human embryos had been taken out of the country on numerous occasions.
It was widely reported in March 2019, that D. Parthepan, from Klang, had been caught smuggling embryos to an in vitro fertilisation (IVF) clinic in Mumbai on numerous occasions, over an 18-month period.
The Bombay High Court, also in March, had refused to return Parthepan’s passport.
Justice S.S. Shinde was quoted by The Indian Express as saying: “The offence in which the petitioner is alleged to have been involved in, is a serious one, that is smuggling/illegal import of human embryos into India from Malaysia, by mis-declaring the same to the Malaysian Customs authorities, as stem cells. The presence of the petitioner for adjudication and trial is necessary.”
However, Parthepan has not been charged with any offence, and to date, has not been detained. Instead, he has been staying in a rented home, unable to return to Malaysia as his passport is with the authorities.
According to investigation papers sighted by Twentytwo13 recently, officers from India’s Directorate of Revenue Intelligence (DRI) intercepted Parthepan at the exit of the arrival hall at the Chhatrapati Shivaji Maharaj International Airport on March 15. Upon examining his blue trolley bag, Indian authorities found a white canister containing human embryos.
Investigation papers revealed that Parthepan was allegedly given RM350 to transport the canister, along with money for travel and lodging. The papers also stated that he had collected the canister from a private hospital in Kuala Lumpur.
“At Kuala Lumpur (International) Airport, he (Parthepan) had declared before Malaysian Customs that he was carrying stem cells. Based on that declaration, the Malaysian authorities issued him with a permit,” the report read.
The report added that the permit was issued on the basis of a letter dated March 6, 2019, authorising Parthepan to carry stem cells from Malaysia to the clinic in Mumbai.
“The permit was issued by the Health Ministry of Malaysia and it was to be produced before the authorities at KL International Airport.”
It was also documented that Parthepan had apparently visited Mumbai on “seven to eight occasions” prior to March 15.
He was arrested on March 16 under Section 104 of the Customs Act for an offence punishable under Section 135 of the same Act, and was “granted bail with certain conditions”.
The case raises plenty of questions. They include:
- How did Parthepan fool local authorities on numerous occasions by leaving the country with human embryos?
- Were documents forged in Parthepan’s exit from the country?
- Potential surrogacy arrangements in Malaysia.
- Have there been any attempts by local enforcement agencies to investigate Parthepan’s company in Malaysia?
It is understood that the Human Rights Commission of Malaysia (Suhakam) investigated Parthepan’s plight.
Suhakam had also reached out to the company that Parthepan worked for.
Suhakam’s assistant secretary Muhammad Faiz Abd Rahman, acknowledged investigating the case but refused to comment on it, without getting the green light from his higher-ups.
Twentytwo13 was also informed that Suhakam had written to Malaysia’s Foreign Affairs Ministry.
In a reply to queries by Suhakam, the ministry, in a letter dated Aug 25, said that the Consular General of Malaysia in Mumbai had secured the services of a human rights lawyer – pro bono – to file a petition, urging the DRI and the Commissioner of Customs India, to release Parthepan and to return his passport to him, as no new case had been filed against him.
“However, the DRI informed the courts that they still required Parthepan to remain in Mumbai to solve the criminal liability, based on India’s Customs Act. DRI still required his cooperation to provide statements, and to assist in investigations into the case. This has been relayed to Parthepan,” the letter read.
The letter, which was signed by the ministry’s principal assistant secretary of the Consular Department, K. Saravana, also stated that Parthepan was not being held in any detention centre, but was instead, staying in a rented home.
Saravana, when contacted on Monday, declined to comment.
