Anyone can donate kidney on humanitarian ground: HC
Published: 23:22 5 December 2019
The High Court (HC) on Thursday ruled that any emotional donor beyond certain relatives can donate kidney voluntarily on humanitarian ground.
As per the HC rule, however, drug addicts cannot be kidney donor and none can run any business over kidney.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Khandaker Diliruzzaman delivered the verdict on a writ petition filed seeking its directives so that voluntary donors beyond certain relatives can donate kidneys.
Barrister Rashna Imam and lawyer Khandoker Nilima Yeasmin took part in the hearing on behalf of the petitioner while Deputy Attorney General Md Saifuddin Khaled took part on behalf of the state.
One Fatema Zohra filed the petition with the HC in 2017, challenging the constitutionality of sections 2 (ga), 3 and 6 of the Organ Transplantation Act 1999 [amended in 2018]. These sections mainly focused on the definition of the related persons.
Fatema donated a kidney to her ailing daughter Fahmida, but the kidney got damaged after a year. Then she managed a donor for her daughter, but the donor could not donate the kidney due to the bar in the law.
Later, Fatema submitted the petition to the HC, seeking necessary order on the issue.
On August 24, 2017, the HC issued a rule asking the government to explain why the sections 2 (ga), 3 and 6 of the Organ Transplantation Act 1999 should not be declared unconstitutional.
On November 7 this year, a seven-member expert committee submitted a report to the HC. The committee said that there was no need to allow voluntary donors beyond certain relatives as it may give rise to several problems, including organ trafficking and pushing the poor people to a risk.
But, Gonoshasthaya Kendra founder Dr Zafrullah Chowdhury disagreed with the expert committee’s opinion, saying that the existing Organ Transplantation Act needs to be amended as there is no provision in the act that allows the people beyond the relatives to donate organs.
So, there is a need for a provision that will allow any healthy person other than the relatives to donate organs, he said.
Earlier, on August 28 this year, the HC wanted to know the opinion of the expert committee headed by President of Bangladesh Renal Association and Pro-Vice Chancellor of Bangabandhu Sheikh Mujib Medical University Md Rafiqul Islam in this regard.
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