This story appears in New Age: henceforth Authentication Boards may allow a kidney to be donated by someone who is not a near relative, in exceptional circumstances.
High Court sets out guidelines for kidney transplantation
"The verdict said that the Transplantation of Human Organs Act 1999 provided a very narrow definition of donor, ‘that is to say, “near relative”’.
‘The already large gap between demand and supply of kidneys is further increased by this narrow definition of donors leading to kidney patients dying without any transplant,’ the verdict said adding ‘The large gap particularly affects the poor by creating a black market for kidneys where abuses are rampant.’
The verdict said that if the definition of a pool of donors (near relative) was expanded without any restriction whatsoever, ‘that will definitely spur the illegal kidney trade in Bangladesh to an unimaginable extent. So any wholesale expansion of the definition of pool of donors (near relative) cannot be countenanced.’
The verdict said that to determine and verify the authenticity of emotional kidney donation, there should be an inquiry in the light of the guidelines mentioned below.
The verdict said that the exceptional circumstances as in the case of the present petitioner might be determined by the Authentication Board in Bangladesh like the Authorization Committee in India.
The court said that the board must ensure that the near relative or if near relative was not available, any adult person related to the donor by blood or marriage to donate an organ or tissue.
And that case, the authenticity of the link between the donor and the recipient, and the reasons for donation, and any strong views or disagreement or objection of such kin should also be recorded and taken note of, said the verdict.
The board needs to evaluate that there would be no commercial transaction between the recipient and the donor and that no payment has been made to the donor or promised to be made to the donor or any other person.
The board also needs to prepare an explanation of the link between donors and recipients and the circumstances which led to the offer being made."
High Court sets out guidelines for kidney transplantation
"The verdict said that the Transplantation of Human Organs Act 1999 provided a very narrow definition of donor, ‘that is to say, “near relative”’.
‘The already large gap between demand and supply of kidneys is further increased by this narrow definition of donors leading to kidney patients dying without any transplant,’ the verdict said adding ‘The large gap particularly affects the poor by creating a black market for kidneys where abuses are rampant.’
The verdict said that if the definition of a pool of donors (near relative) was expanded without any restriction whatsoever, ‘that will definitely spur the illegal kidney trade in Bangladesh to an unimaginable extent. So any wholesale expansion of the definition of pool of donors (near relative) cannot be countenanced.’
The verdict said that to determine and verify the authenticity of emotional kidney donation, there should be an inquiry in the light of the guidelines mentioned below.
The verdict said that the exceptional circumstances as in the case of the present petitioner might be determined by the Authentication Board in Bangladesh like the Authorization Committee in India.
The court said that the board must ensure that the near relative or if near relative was not available, any adult person related to the donor by blood or marriage to donate an organ or tissue.
And that case, the authenticity of the link between the donor and the recipient, and the reasons for donation, and any strong views or disagreement or objection of such kin should also be recorded and taken note of, said the verdict.
The board needs to evaluate that there would be no commercial transaction between the recipient and the donor and that no payment has been made to the donor or promised to be made to the donor or any other person.
The board also needs to prepare an explanation of the link between donors and recipients and the circumstances which led to the offer being made."
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