INDIA
According to the stringent Indian laws, human organs can be donated only be immediate family or close relatives as described by law. Organs cannot be bought or sold.
The charge sheet filed in the kidney racket that was busted at South Delhi's posh Apollo Indraprastha hospital three months ago, shows five such cases where so-called 'donors' were actually paid for impersonating family members.
According to the stringent Indian laws, human organs can be donated only be immediate family or close relatives as described by law. Organs cannot be bought or sold.
The police have recovered at least five files – produced by the hospital authorities on request – where the kidneys were illegally donated. Each file – a green folder, anything between 30-60 pages long, contains all the necessary documents one would need before an operation. This file that included various necessary forms for the transplant and the medical fitness of those going under the knife would be prepared for the authorisation committee.
"Bare perusal of these files show that the documentation have been done without care," the Delhi police attested in its charge sheet. In many instances the photos of the actual donors were switched with those who were donors on paper.
In the course of the investigation, police managed to confirm at least five operations where the kidney was illegally obtained. While a few of those involved in this scam have already been charge sheeted, Non-bailable warrants (NBW) have been issued against a few others who are absconding.
Transplant cases of Himanshu also known as Mukesh Mishra, Ashutosh Gautam, Mamta Desai, Jialal Gupta and Pushpendra Kothawala were found to be irregular where the kidneys were illegal obtained with the help of touts.
In June, in the medical examination of the three accused, done at All India Institute of Medical Sciences (AIIMS), showed that Umesh Shrivastav, and his wife Neelu were missing a left kidney whereas Moumita Moulik was missing her right kidney.
The five cases listed in the chargesheet are as follows:
I. Recipient – Pushpendra Kothawala
Donor – Neha Kothawala
Actual Donor – Moumita Moulik
II. Recipient – Jialal Gupta
Donor – Baby Gupta
Actual Donor – Neetu Shrivastava
III.Recipient – Mamata Desai
Donor – Piyush Mehta
Actual Donor – Bhanu Pratap Singh
IV. Recipient – Ashutosh Gautam
Donor – Suresh Chand
Actual Donor – Umesh Shrivastava
V. Recipient – Mukesh Mishra
Donor – Suman Mishra
Actual Recipient – Himanshu
Actual Donor – Neetu Nigam
In June 2016, based on a tip-off, the police unearthed a massive scam at Apollo hospital where middlemen lured unsuspecting 'donors' – usually economically challenged people, to sell their kidneys at a price between two to four lakhs. These kidneys would then go to those patients who fit the requirement.
In its 1316-paged chargesheet, Delhi police have charged kingpin T. Rajkumar Rao and 16 others under various sections of the Indian Penal Code (IPC) and relevant sections of the Transplantation of the Human Organs Act (THOA).
The under trials have been charged with sections 120-b (conspiracy), 419 (cheating by impersonation), 420 (cheating), 467 (forgery), 468 (forgery for purpose of cheating) and 471(using forged documents as genuine) of the IPC. Sections 18, 19 and 20 of the THOA that deal with the consequences of violating the act have also been charged.