The Hindu : New Delhi News : Case filed in High Court to seek review of Human Organ Transplant Act

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Friday, Feb 15, 2008
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Case filed in High Court to seek review of Human Organ Transplant Act

Staff Reporter

A social activist moves the Delhi High Court

The Bench refuses to take it up for immediate consideration
‘The Act has failed to meet the growing demands of kidney transplants’

NEW DELHI: Following unearthing of the kidney transplant racket in neighbouring Gurgaon, a Delhi-based social activist has filed a public interest litigation in the Delhi High Court seeking directions for, among other things, a review of the Human Organ Transplant Act, 1994, to enlarge the scope of prospective kidney donors to check illegal transplants and make the treatment accessible to poor patients as well.

The petition was listed for hearing on Wednesday before a Division Bench of the Court comprising Justice M. K. Sharma and Justice Reva Khetrapal but it refused to take it up for immediate consideration, saying there was no urgency in it. The Bench adjourned the case to March 5.

Growing demands

The petitioner, social activist Rahul Verma, submitted that the Act needed a review as it had failed to meet the growing demands of kidney transplants due to its limitations.

He submitted that the Court should constitute a committee headed by a retired Chief Justice of the Supreme Court and comprising members from all sections of society to study the Act and suggest amendments to it.

The petition said at present the Act permits donation of kidneys only by immediate family members and by those who have affectionate relationship with the patients. There was no provision in it to deal with a case when a desirous and suitable donor of the immediate family is not able to donate due to ailments, the petition added.

The petitioner further urged the Court to issue directions to the Union Government to make proper arrangements for low-cost dialysis of patients of renal failure till they were able to get donors.

As of now, about 80,000 kidney patients across the country are waiting for transplants and only about 650 dialysis units are available to take care of them. Besides, on an average a patient has to spend about Rs. 25,000 per month for a round of dialysis which is a prohibitive cost even for a middle class family, the petitioner submitted.

Earlier on Wednesday, the Enforcement Directorate officials met the CBI officers to gather information about the financial transactions made by the prime accused and his accomplices in the past few years. The agency would scan their bank accounts to track down the money they accumulated through illegal kidney transplants.

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