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news details
PIL regarding center for organ transplant
DB displeased over non-implementation of Act for last 20 years
12/14/2017 10:16:11 PM
Early Times Report

Jammu, Dec 14: In a Public Interest Litigation filed by Smile Social Youth Club through its President Matloob Saleem Qureshi raising an important issue of organ transplant, Division Bench of State High Court Comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar after hearing Adv Navneet Dubey for the PIL whereas Deputy AG Sanjeev Padha for the state, took serious note and observed that Act has been in place since 1997, twenty years have gone by and from what the petitioner has alleged in the petition and as per his submissions , nothing has been done to implement the said legislation. It puts a serious question on the Executive, particularly when the Legislature has done its job. When the PIL came-up for hearing, Division Bench observed that petition is with regard to the setting up of Organ Donation/retrieval and Transplant Centers within the State of Jammu and Kashmir, in both the provinces of Jammu and Kashmir. We notice that elaborate legislation is in place since the year 1997- The Jammu and Kashmir Transplantation of Human Organs Act, 1997. The preamble of the Act recites that it is an act to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto. Therefore, the Appropriate Authority is enjoined with very important functions and duties.
DB questioned whether there is any hospital within the State of Jammu and Kashmir which fulfills the requirements stipulated in Rule 9 of the said Rules?
Upon this Division Bench directed counsel for the respondents and in particular the Health Department shall file an affidavit, indicating the progress, if any, made for ensuring that the duties prescribed under the Act and the Rules are being fulfilled by the various functionaries or not. In particular, clear answers shall be given to the three questions that this Court had raised in this order.
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