The bench directed the state to take policy decisions so that there is a proper monitoring of hospital-based authorisation committee.
The Bombay High Court on Friday directed the state government to create a mechanism that can upload details of organ transplants in real time data for proper monitoring and control.
A division bench of Justice Abhay Oka and Justice MS Sonak, said, "We direct the state government to create a mechanism for ascertaining at commencement of calendar year all data of organ transplant in state. If any hospital has carried out less than 25 organ transplants then the hospital-based authorisation committee should not take any decisions."
The bench directed the state to take policy decisions so that there is a proper monitoring of hospital-based authorisation committee. The court has told the state to file its compliance report by November 30.
The government is also asked to notify the members of state, which are on the hospital-based authorisation committee, to verify the data of organ transplant and accordingly, inform the chairman of the committee to not take any decisions if the transplants are below 25.
The direction was given during the hearing of a petition filed by a person with renal failure, who had filed a petition in 2013 regarding the delay in approval for transplants by the six regional authorisation committees that oversee organ transplants in the state.
An amendment to the rules under Transplantation of Human Organs Act, 1994, came into effect from December 18, 2014. It enables hospital committees to decide on applications for over 25 transplants annually. If lesser than 25, the district-level committee will process applications. The court had earlier rapped the government for not notifying hospital-based committees.
The bench also asked the state to give adequate publicity to the rules to make the public aware about the amended rules and ensure proper implementation.
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