Questioning why an NGO, Narmada Kidney Foundation, was invested in a matter relating to changing procedures for swap kidney transplant, the Bombay High Court Monday disposed of the matter, stating that people actually affected can approach the court if required. A bench of Chief Justice Manjula Chellur and Justice M S Sonak was hearing a public interest litigation by the Foundation, seeking directions that the proposed donor and recipient in swap transplants not be required to comply with the procedure followed for unrelated transplants and separate rules should be framed for swaps if necessary.
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“We do not know why an NGO is taking up the matter. Let individual people having issues come forward. It is not the wisdom of NGOs which works. Don’t tell us these stories. Why are you invested in removing checklists? We will not give general instructions. If there is no implementation of the Act then let the persons who are genuinely affected come to court,” said Chief Justice Manjula Chellur.
The petitioner’s lawyer had argued that apart from transplants by relatives and by unrelated persons, swaps were introduced by a 2014 amendment to the Transplantation of Human Organs Act. Under it, there is a checklist of documents to be sent for permission for transplants. The cumbersome process leads to loss of time and often a patient does not get the benefit of organ donation.