- (1.) The petitioner has invoked the jurisdiction of this Court and has prayed for quashing of the order dated 3.4.2012 (Annexure P-4) vide which no objection certificate sought by the petitioner for undertaking a renal transplant in Calcutta has been declined. The petitioner who is suffering from a renal disorder requires transplant as has been advised by MEDICA Super-speciality Hospital, Calcutta. According to Section 9(3)(e) of The Transplantation of Human Organs Act, 1994 (hereinafter referred to as the 'Act') it is incumbent upon a person seeking a transplant to seek a prior approval of the Authorization Committee. Section 9(3) of the Act is extracted herebelow:- Section 9. Restrictions on removal and transplantation of human organs (1) xxx (2) xxx (3) If any donor authorizes the removal of any of his human organs before his death under sub-section (1) of Section 3 for transplantation into the body of such recipient, not being a near relative, as is specified by the door by reason of affection or attachment towards the recipient or for any other special reasons, such human organ shall not be removed and transplanted without the prior approval of the Authorization Committee Section 3(1) of the said Act enables a living person to authorise removal of any organ of his body for therapeutic purposes and the same is extracted herebelow:- Section 3. Authority for removal of human organs. (1) Any donor may, in such manner, and subject to such conditions as may be prescribed, authorise the removal before his death, of any human organ of his body for therapeutic purposes.
(2.) Therapeutic purposes have been defined in Section 2(o) of the Act to mean systematic treatment of any disease or the measures to improve health according to any particular method or modality. Section 2(o) is extracted hereunder:- Section 2(o) "therapeutic purposes" means systematic treatment of any disease or the measures to improve health according to any particular method or modality
(3.) In accordance with the provisions of the Act, the petitioner applied for no objection certificate from the Authorization Committee which has declined the case of the petitioner for the following reasons which have been incorporated in Annexure P-4 and are extracted herein below:- The observations of the committee are as under:- A. That the applicant Mr. Vinay Kumar (recipient) s/o Sh. Harish Chand age 32 years resident of H. No. 22/1 Shanti Nagar ward No. 2 Rewari has been diagnosed as a case of chronic kidney diseases and required renal transplantation as per the certificate issued by the Medical Superintendent. MEDICA Superspeciality Hospital, Kolkata. B. That as per the documents submitted by the applicant shows Smt. Amita Pal w/o Sh. Keshab Pal resident of Kuthipara, Kotwali Coochbehar, Kolkata is a donor. C. That the annexure P-5 of the Civil Writ Petition No. 4834 of 2012 titled as Vinay Kumar v. State of Haryana, as well as the document submitted, the applicant has made an appeal in the news paper in the State of Kolkata (West Bengal) for the donation of Kidney. D. That in the document of the applicant there is nothing which can prove that there is a close relationship/friendship etc. that indicate donation being offered due to love and affection with the patient. E. That the subsection (f) of the Section 19 of the Transplantation of the Human Organ Act 1994 is reproduced as under:- (a) Makes or received any payment for the supply of, or for an offer to supply any human organ. (b) seeks to find person willing to supply for payment any human organ. (c) offers to supply any human organ for payment. (d) initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human organ. (e) takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or Negotiation of any arrangement referred to in clause (d); or (f) publishes or distributes or causes to be published or distributed any advertisement- (a) Inviting persons to supply for payment of any human organ; (b) offering to supply any human organ for payment; or (c) indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (d). That in view of the advertisement given in the news paper which is not allowed as per subsection (f) of Section 19 of the Act, no close relationship between the recipient and donor has been established from the perusal of the documents submitted by the applicant, therefore the committee unanimously decides to reject the application for granting NOC for transplantation of Kidney in Kolkata because the possibility of financial transaction cannot be ruled out in this case. Keeping in view the minutes of the Committee, there is no force in the application of Shri Vinay Kumar and the same is hereby rejected. ;