Supreme Court Bars Stem Cell Therapy for Autism in India

31 Jan 2026

Supreme Court Bars Stem Cell Therapy for Autism in India

The Supreme Court of India ruled that stem cell therapy cannot be offered as a clinical treatment for Autism Spectrum Disorder (ASD).

Background

  • The judgment arose from petitions highlighting the widespread promotion and administration of stem cell therapy for ASD by private clinics.
  • Clinics were found to be touting experimental therapy as a “treatment” or “cure”, creating false hope.
  • Financial Exploitation: Families often incurred huge financial costs in pursuit of these unproven interventions.

Supreme Court’s Ruling

  • Clinical Use Prohibited: The Court categorically ruled that stem cell ‘therapies’ for ASD cannot be administered as routine clinical treatment.
  • Lack of Scientific Evidence:
    • The court observed that there is a “dearth of established scientific evidence” on both the effectiveness and safety of stem cell therapy for ASD.
    • Administering stem cell therapy based on uncertain scientific knowledge fails the “reasonable standard of care” owed by doctors to patients.
  • Informed Consent Not Valid: The Court held that valid informed consent is impossible in the absence of adequate scientific data.
    • Meaning of Informed Consent: Consent must be an “informed authorisation”, grounded in disclosure of the nature, procedure, purpose, benefits, risks, alternatives, and consequences of refusing treatment.
  • No Right to Demand Stem Cell Therapy:
    • The Court clarified that parents, guardians, or caregivers cannot demand stem cell therapy as a clinical service for children with ASD.
    • Patient autonomy does not create an entitlement to unsafe or unproven medical interventions.
  • Regulatory Authority: The Supreme Court directed the government to constitute a dedicated regulatory authority for nationwide oversight of stem cell research.

Stem Cell Therapy

  • Stem cell therapy is a form of regenerative medicine that aims to repair or replace damaged cells and tissues
  • It works mainly by reducing inflammation and modulating immune responses, which can support healing in several conditions.
  • Applications of Stem Cell Therapy:
    • Regenerative Medicine: Stem cells can help repair or replace damaged tissues such as heart muscle, cartilage, or nerve cells.
    • Chronic Diseases: Research is exploring stem cell-based approaches for conditions like diabetes, Parkinson’s disease, Alzheimer’s disease, and spinal cord injury.
    • Immune Disorders and Cancer Care: Stem cells may be used to modify or strengthen immune responses, including therapeutic strategies for autoimmune diseases and certain cancers.
    • Orthopaedics: Stem cell therapy is explored for orthopaedic injuries and degenerative conditions like osteoarthritis

  • Stem cells are primitive (unspecialised) cells that can divide and develop into different types of specialised cells in the body.
  • Key Feature: Under suitable conditions, stem cells can:
    • Self-renew (make more stem cells), and
    • Differentiate into specialised cells like blood cells, nerve cells, bone cells, muscle cells, etc.

Regulatory Status of Stem Cell Therapy in India

  • National Guidelines for Stem Cell Research, 2017: 
    • Jointly formulated by the Department of Biotechnology (DBT) and Indian Council of Medical Research (ICMR).
    • There are no approved indications for stem cell therapy, except hematopoietic stem cell transplantation (HSCT) for hematological disorders.
    • All other stem cell therapies are classified as investigational and may be conducted only as clinical trials, after obtaining necessary regulatory approvals.
    • Use of stem cells outside approved clinical trials is considered unethical and impermissible

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What is Autism Spectrum Disorder (ASD)

  • Nature of Condition: ASD is a neurodevelopmental disorder that affects how individuals communicate, behave, and interact socially.
  • Spectrum Character: Autism exists on a spectrum, meaning symptoms and their severity vary widely among individuals.
    • Individuals with ASD may display a wide range of intellectual functioning, ranging from profound impairment to above-average or exceptional abilities.
  • Causes: The exact causes of ASD are not fully understood, but research indicates a combination of genetic and environmental factors that increase the likelihood of a child developing the condition
  • Early Signs and Symptoms:
    • Age of Onset: Most children show signs of autism before the age of three years.
    • Communication Indicators: Delayed speech or language development, limited eye contact, and reduced facial expressions.
    • Social Interaction Difficulties: Challenges in understanding social cues and recognising emotions in others.
    • Behavioural Patterns: Repetitive behaviours and strong attachment to routines are common.
    • Sensory Sensitivities: Certain sounds, textures, lights or environments may trigger strong reactions.
    • Educational Challenges: Difficulty adapting to school environments may be observed
  • Treatment and Management:
    • There is no permanent cure for autism; however, its symptoms can be effectively managed through early and evidence-based interventions.
    • Speech Therapy: Focuses on improving communication and language skills.
    • Occupational Therapy: Helps develop motor skills and daily living abilities.
    • Behavioural Therapy: Aims to improve social interaction, behaviour regulation and independence.
  • Global and National Initiatives:
    • Global framework: The UN Convention on the Rights of Persons with Disabilities (UNCRPD) and the Sustainable Development Goals (SDGs) support the rights, inclusion and dignity of persons with disabilities, including autism.
    • World Health Organization (2014): Adopted a resolution titled “Comprehensive and Coordinated Efforts for the Management of Autism Spectrum Disorders”, backed by over 60 countries.
    • United Nations General Assembly declared 2 April as World Autism Awareness Day to promote awareness, acceptance and inclusion worldwide.
    • India: The Rights of Persons with Disabilities Act, 2016 expanded the list of recognised disabilities from 7 to 21 and explicitly included Autism Spectrum Disorder

Also Read | Stem Cell Therapy
 

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