NHRC Wants Tougher Laws On Organ Donation

February 11, 2004

NEW DELHI: The National Human Rights Commission (NHRC) has asked the government to tighten laws on organ transplants to make it mandatory for hospitals to monitor the post-operative health of donors.

NHRC chairman A.S. Anand has asked Prime Minister A.B. Vajpayee to intervene in plugging the loopholes in the existing laws that make it easy ``for the exploitation of the poor'' for organ sale. In his letter to the Prime Minister (on January 29), Anand said the ``practice of organ purchase has acquired the dubious dimension of a dubious trade involving touts, middlemen who even create false records to make a donor appear like a compassionate donor''.

A group of experts set up by the NHRC in 2002 to study organ sale has said the trade was leading to exploitation of the poor who were lured and made to sell their kidneys for a pittance by the middlemen.

Anand also shot off letters to all chief ministers, suggesting that the state medical councils play an active role in monitoring hospitals where organ transplants are conducted. The Medical Council along with local human rights commissions should investigate all cases of kidney transplants and also keep tabs on the post-operative health of donors.

The experts have also called for augmentation of alternative treatment systems like dialysis (to prevent kidney transplant) in the hospitals and introduction of open counselling to donors. Besides, the commission has sought the setting up of independent groups to verify links between donors and recipients of the organ transplant. In most cases, middlemen arrange for donors who on record are shown as ``compassionate donors'' or blood relatives to evade the law that bans the sale of organs. The donors are paid a pittance while middlemen drive a hard bargain.

Anand has commended Karnataka for implementing stricter measures to monitor donation. He regretted the `disturbing reports of this pernicious practice being widespread in Tamil Nadu, Andhra Pradesh and some other states.''

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This article posted March 9, 2004.