Will reconsider rule which asks hospitals to verify documents before organ transplant: Maharashtra government tells HC

The petitioner's counsel SR Nargolkar argued that hospital officials and doctors can only ascertain the compatibility of potential donors and recipients.
Bombay High Court (Photo | PTI)
Bombay High Court (Photo | PTI)

MUMBAI: The Maharashtra government on Wednesday told the Bombay High Court that it will reconsider a notification which puts the onus of verifying the documents submitted by potential donors and recipients of organ transplant on hospitals.

Advocate General Ashutosh Kumbhakoni told a bench of Justices Revati Mohite-Dere and Madhav Jamdar that the state will withdraw the April 11 notification and issue a revised one.

The bench was hearing a petition filed by a Pune hospital challenging the April 11 notification.

The petitioner's counsel S R Nargolkar argued that hospital officials and doctors can only ascertain the compatibility of potential donors and recipients.

They are not equipped to ascertain the legality of such transactions or verify the identities of the parties involved, he said.

The state government had told the court earlier that while the authorisation committees appointed under the Organ Transplant Act conduct necessary verification, the new notification was issued to add another level of checks.

Kumbhakoni, however, said the state had realised that the notification needed some "fine-tuning".

"We will withdraw this notification and come up with a fresh one to supersede it, in accordance with law," the advocate general said.

The court will hear the matter next on May 5.

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