Bhubaneswar: The National Human Rights Commission (NHRC), while taking cognizance of a case of kidney theft breaching the provisions of Transplantation of Human Organs and Tissues Act, 1994 has directed the Odisha government on Sunday to take appropriate steps towards suspension/cancellation of registration of Bhubaneswar Apollo Hospital.
The NHRC is seized of the petition alleging that the premier private hospital Bhubaneswar had taken out the kidney of one Anil Kumar Swamy through deception.
The NHRC has ordered, “The Chief Secretary, Government of Odisha is directed to take this matter before the appropriate authority for taking action within four weeks, under Section 16 of the Transplantation of Human Organs and Tissues Act, 1994, with regard to suspension/cancellation of registration of Apollo Hospital, Bhubaneswar, Odisha, as it has breached the provisions of the said Act, and submit a report within eight weeks before the Commission.”
“In this matter, the Authorization Committee constituted by the Government of Odisha has approved/granted NOC for transplantation of kidney from Jayaram Dora (donor) to Raghaba Ram Dora (recipient) without verifying or conducting proper enquiry in this matter and subsequently the kidney of Anil Swamy was removed and transplanted into the body of Raghaba Ram Dora. Also, it appears that there is a connivance of Apollo Hospital for obtaining the NOC for transplantation of kidney of Jayaram Dora, whereas the kidney of Anil Kumar Swamy was taken out and transplanted into the body of Raghaba Ram Dora. This is a serious lapse on the part of the Authorization Committee constituted by the State Government as it has granted the NOC in a very routine manner. Hence, the Government of Odisha is vicariously liable for such lapse of the Authorization Committee,” the order said.
Issuing a show cause notice to the Odisha government, the NHRC has sought reply within eight weeks as to why the Commission should not recommend Rs 2,00,000 as compensation to be paid to the victim.
