Circular on organ donation that imposes liability on hospitals removed | Bombay News

Mumbai: In relief for state hospitals, the Maharashtra government informed the Bombay High Court on Friday that it had withdrawn its recent circular which required hospitals to verify identity details, documents and to guarantee the absence of financial transactions between organ donors and transplant recipients.
On Friday, the HC said the state was free to issue a new circular, but that would have to be within the law.
The bench of Judges Revati Mohite Dere and Madhav Jamdar of the HC had on April 22, during the hearing of a challenge to the circular of April 11, 2022 issued by the State Directorate of Medical Education and Research ( DMER), repeatedly asked the government to consider its ‘wider implications’ and reconsider. “Please think about the impact. Will any hospital take the risk.” They can’t do transplant surgeries. You’re going to deprive a lot of people of being operated on,” the judiciary said orally and on April 27 proposed to the state to withdraw its circular.
The Pune Hospital Association had asked the HC to challenge the legality of the notification.
The association’s lawyer, SR Nargolkar, had argued that the circular or the rules could not supersede or override the provisions of the Human Organ and Tissue Transplantation Act 1994. organ donors are genuine, voluntary and without any monetary transaction – a requirement imposed by law on an authorization committee, Nargolkar had said.
State Attorney General Ashutosh Kumbhakoni had said on April 27 that the state would withdraw the circular but issue a new one tweaking and rewording it, as he said the aim was to add a “filter at the local institutional committee level to review the authenticity of documents submitted for organ transplants which can then be assessed by the state-level authorization committee. This was to ensure that ‘there is no misuse of the salutary provision of the law – to enable genuine, non-mercenary organ transplants for patients.


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