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Thursday, July 19, 2018

Non-implementation of Act amendment: HC rap for state

Bombay High Court on Friday criticised the state government for its hesitation in implementing an amendment to the Human Organ Transplant Act,1994 pertaining to eye donation.

Written by Express News Service | Mumbai | Published: March 3, 2012 12:54:07 am

The Bombay High Court on Friday criticised the state government for its hesitation in implementing an amendment to the Human Organ Transplant Act,1994 pertaining to eye donation. The amendment makes it mandatory for all hospitals to request permission from the relatives of the deceased for eye donation in cases where a post-mortem is performed.

However,the state government on Friday admitted that it has yet to implement the amendment. Additional government pleader Niranjan Pandit said Maharashtra had not implemented the provision as it was yet to receive a notification to the effect. ‘However,a Bench of Chief Justice Mohit Shah and Justice Ranjit More refused to accept these contentions. “It should not be necessary for the state to wait for the notification. Do you have any objections to the amendment? In that case,we can understand the hesitation.” The judges have now suggested that the state government should implement the amendment before the Assembly session which begins March 14.

The court was hearing a public interest litigation filed by activist Sampat Shetty. He claims that the usability of the cornea in Mumbai is a mere 20 per cent,while the figure in other cities is 40 per cent.

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