The Bombay High Court today directed the central government to take final decision within three months on amendment to the Transplantation of Human Organ Act with regard to requirement of No Objection Certificate (NOC) when donor and recipient are relatives.
A division bench of Chief Justice Mohit Shah and Justice A V Mohta was hearing a public interest litigation filed by a nephrologist, Bharat Shah, seeking amendment in the clause that if the donor and recipient are close relatives, then approval from the State Authorisation Committee is not required.
Additional government pleader G W Mattos today informed the court that the government has issued a clarification that only the hospital-based Authorisation Committee will take a decision of transplant when donor and recipient are related.
In cases where the donor and recipient are unrelated or foreign nationals, NOC would be required from the State Authorisation Committee, Mattos said, adding, the same will have to be amended in the Act by the central government.
The bench has now directed the state government to take up the issue with the central government in two weeks. The central government shall then take its decision within three months.
