The PIL states that the need for police verification in swap transplants should not be there because verification by the police in unrelated transplants is to rule out the commercial element, while in swap transplants by it very nature there is no commercial element involved.
A Public Interest Litigation (PIL) has been filed in the Bombay High Court by Narmada Kidney foundation seeking directions to the authorities to frame separate rules for swap organ transplants and prepare a data base which would be available online to help swap transplants.
A division bench of justices VM Kanade and Revati Mohite Dhere have directed the government to respond in four weeks to the PIL and inform the court whether a data base can be prepared. How much time does the state authorization committee take in deciding the application received in such swap transplants and whether rules as enforced now for unrelated transplants can be done away for swap transplant.
The PIL states that the need for police verification in swap transplants should not be there because verification by the police in unrelated transplants is to rule out the commercial element, while in swap transplants by it very nature there is no commercial element involved.
Swap transplant are an extension of near relative transplants wherein instead of one pair of near relatives, two pair of near relatives are involved. The petition argues that the difficulty a patient has to face in finding another pair to undergo a swap transplant is a herculean task.
There is an urgent need for the authorities to form a central database where pairs looking to undergo a swap transplant can register in the hope of finding another suitable donor receipent pair. Further the fundamental rights of the patients are defeated because of the wrong interpretation of laws by the authorities.
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