A Human Organs Act Review Committee was constituted on September 6, 2004 based on judgment passed by Hon’ble Mr. Justice Man Mohan Sarin of High Court of Delhi in WP(C) 813/2004 with direction to review the efficacy, relevance and impact of the legal provisions contained in the Transplantation of Human Organs Act, 1994 and the Transplantation of Human Organs Rules, 1994.
The Committee was required to submit its report by January 5, 2005. Initially the time was extended by the Hon’ble High Court of Delhi upto 30.04.2005 and thereafter up to 26th May 2005. .
Important Dates & Events
-
6/09/2004 : A Human Organs Act Review Committee was constituted by Delhi High Court
-
25/05/2005 : Committee submitted its report to The Ministry of Health & Family Welfare
-
18/05/2007 : Rajiv Gandhi Foundation conducted National Consultation and submitted its report on third week of sept. 2007 ( after 2 years of receiving the report )
-
21/09/2007 : Health Minister discussed the Act ( with whom not clear in RTI )
A PIL was filed in Delhi High Court by us seeking a direction to the Centre to amend the complex organ transplant law & liberalising the provisions relating to donors of organs to prevent rackets like the one unearthed in Gurgaon of Dr. Amit Kumar.
Though Justice Thakur refused to admit the PIL saying a fresh petition cannot be entertained as the high court has already dealt with the issue, he gave us the liberty to file a contempt of court case against the Centre for not considering the recommendations of the HC-appointed committee. (As per news published in The Hindustan Times dated 13th March 2008 )
The recommendations of the high court-appointed Transplant of Human Organs Act Review Committee is awaiting implementation by the Health Ministry since three years now.
We filed RTI in the Ministry of Health and Family Welfare seeking current status of Human Organ Transplant Act.
Question : What action has been taken for the implementation of Human Organs Transplant Law ?
Answer : Amendments are under consideration .
Question : How many meetings were conducted to review , discuss or any other purpose related to implementation of Human Organs Transplant Law ?
Answer : Rajiv Gandhi Foundation conducted National Consultation on 18/05/2007 and submitted its report on third week of sept. 2007 ( Conclusion : Health Ministry conducted only one meeting in the period of last three years that too after 2 years of receiving report of High Court Committee )
Question : How many meetings were chaired or attended by Hon’ble Minister of Health & Family Welfare ?
Answer : Health Minister discussed the review committee recommendations and national organ transplant program on 21/09/2007 (As claimed in RTI , Health Minister discussed the Act only once but with whom it is not clear)
Question : By when the recommended changes required amendments in the Transplantation of Human Organs Act, 1994 by the committee set up by Hon’ble High Court will be implemented ?
Answer : Draft notification for amendment has been submitted in Delhi High Court . Mr. Sanjay Jain , Advocate was directed by the court to file his views. So far Mr. Jain has not submitted his report to High Court. ( No specific dates mentioned , no follow-up details , no further course of action )
RTI says that Health Ministry is in process of finalizing amendment proposals for the view of the concerned ministries and all states / union territories . Based on the comment to be received the note for cabinet may need revision before it is sent to the cabinet secretariat. (we again fail to understand where is the delay as it is more than 3 years of submission of HC committee’s report)
Important Downloads
Report of High Court Appointed Human Organs Act Review Committee
