Nepal's attorney general, Sabita Bhandari, is facing serious allegations of conflict of interest and abuse of power after her office cleared the Hope Fertility and Research Centre, a facility where she is a shareholder and her child is employed, of egg trafficking related to minor girls.
An investigation by the Central Investigation Bureau (CIB) found that Hope Fertility worked with other accomplices to lure 16 and 17-year-old girls with offers of money. After extracting their eggs, they'd supposedly sell them for as much as Rs. 1.8 million to couples seeking fertility treatment. The girls testified that they were only paid Rs. 10,000 and injected with hormones for days before surgery to extract the eggs.
These findings led CIB to recommend prosecution of Dr. Swasti Sharma and six others under the Child Act 2075 (Section 66). On October 16, 2023 (Aswin 30, 2080), attorney general Bhandari made a decision not to prosecute in this matter, asserting there was no evidence of coercion or sexual exploitation and that the girls were lying about their age, as they registered as 21 years old on consent forms, assuming they were undergoing egg retrieval.
Bhandari later acknowledged that both her daughter, Dr. Pratyusha Baral, and niece, Dr. Swasti Sharma, were associated with the clinic, and that she held shares, but stated she did not affect any decision related to the law. Moreover, referring to the case, the officials of the Office of the Attorney General and the Deputy Attorney General, Sanjiv Raj Regmi, stated that the case did not fit under the definition of child abuse under the Child Act.
Additionally, the Attorney General's office defended its decision by claiming that Hope Fertility was legally registered and had a license from the government until 2083 BS. Critics argued this defence was able to ignore obvious evidence of the exploitation of minors, and that it was an abuse of its position to defend the interests of a private nature.
During the original arrests in June, Bhandari allegedly defended the accused doctors in front of the courts and petitioned the court for their release, arguing that the eggs from minors were unusable and that there are no laws in Nepal regulating egg donation. Under this same pressure, the District Attorney's Office denied recommending talking to further a future investigation.
Following this, the CIB stated it could not proceed unless directed by the Supreme Court, as the prosecution’s office had closed the case. The victim's side, however, plans to appeal to the Supreme Court, seeking to reopen the investigation. The Court has already issued an interim order halting egg extraction procedures, citing the need to prevent child exploitation and protect constitutional rights.
Ultimately, this controversy underscores the need for transparent oversight, stricter conflict-of-interest laws, and greater protection for minors, ensuring that the pursuit of justice remains free from those who wield it for personal gain.