MASTER SIDDHANT VIKRAM PAL Vs. AUTHORIZATION COMMITTEE

JUDGEMENT

(1.) The Transplantation of Human Organs Act 1994 ( hereinafter referred to as "the said Act") was enacted with the specific object of providing for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs. In view of resolution passed by the legislature of the State of Maharashtra, in pursuance of Clause (1) of Article 252 of the Constitution of India, the said Act came into force in the State of Maharashtra with effect from 4th February 1995.

(2.) The present Petitions have been filed essentially in view of the delay in disposal of the applications made before the Authorization Committee for grant of approval to the proposal of a donor for removal of kidney before his death for transplantation into the body of a recipient, not being a near relative, as is specified by the donor by reason of affection or attachment towards the recipient or for any other special reasons. These are the cases of the persons who are suffering from renal failure and who are in need to undergo kidney transplantation. Considering many such Petitions filed in this Court, we requested the learned counsel appearing for some Petitioners Shri U.P. Warunjikar, the learned counsel Shri Nargolkar appearing for the Ruby Hall Clinic as well as the learned Government Pleader to address the Court on the aspects of delay in disposal of the Applications by the Authorization Committee, the procedure to be followed by the Authorization Committee and infrastructure to be made available to the Authorization Committees. All of them have ably assisted the Court.

(3.) We have given careful consideration to the submissions made across the bar. It will be necessary to make a reference to Section 9 of the said Act which reads thus: