Mumbai High Court in India said that hospital-based authorization committees would have to be revived in view of the amended central rules empowering them to decide on applications for organ transplants.
In Maharashtra, six regional authorization committees oversee organ transplants. These were constituted following a high court order prior to Center's March 2014 amendment of the Transplantation of Human Organs Rules.
AdvertisementA bench of Justice Abhay Oka and Justice Revati Mohite Dere in June 2013 said that, hospital committees cannot process applications and they have to be modified. "Ultimately within the four corners of the rules, a machinery will have to be created," said Justice Oka.
In 2013, patients suffering from renal failure and requiring urgent kidney transplant filed petitions citing delay in disposal of applications by the regional authorization committees.
Uday Warunjikar, the petitioners' advocate said that hospitals are against the hospital-based authorization committees and added that private players should not be allowed to implement the Act.
The aim is to prevent commercial dealing in human organs. Finally the high court bench asked Warunjikar to prepare a chart on "which part of the order needs modification".