ISLAMABAD, Dec 15: The Supreme Court on Friday directed the federal government to bring legislation aimed at blocking the unethical trade in human organs, especially the kidney.
On Friday a three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Mian Shakirullah Jan and Justice Saiyed Saeed Ashhad asked the government to initiate measures against donors, sellers and purchasers of human organs by introducing a proper law. If quick legislation is not possible then the government should consider promulgating a presidential ordinance, the court directed.
The bench was hearing a complaint made by Mohammad Amjad who had alleged that one of his kidneys was forcibly removed by members of a gang involved in organ trade during an operation at a Rawalpindi hospital. He had requested the court to order the arrest of those involved.
Mohammad Amjad may be one person who has approached the highest court in the country but complaints of similar have continued to appear in different publications hinting at the high prevalence of kidney sale in the country, wherein poor donors, mainly from small villages, are enticed.
In March last, some newspapers have printed chilling photographs of at least a dozen brick kiln workers posing shirtless outside the Lahore Press Club. All of them have sold their kidneys to pay off debts to kiln owners to earn their freedom or close family members.
A number of unscrupulous private clinics have also mushroomed in twin-cities of Rawalpindi and Islamabad using middlemen to find donors. A majority of buyers in these clinics are Arabs mainly from the Middle East.
According to some reports, a kidney nets the donor, enmeshed in chronic debts, in between Rs60,000 to Rs150,000 depending on the situation.
A draft legislation to regulate kidney transplant, encourage family donors and to keep a watch on surgeries is also awaiting final approval of parliament.
While presiding over a nephrology conference in Islamabad some years ago, Federal Health Minister Mohammad Nasir Khan had assured doctors that the health ministry would intensify efforts to get passed the kidney transplantation law through parliament, adding that the law would help removing ethical problems of ongoing kidney trade.
He had made these assurances when he was informed during a conference that a private member bill to regulate kidney transplant was moved in the Senate several years ago but was still awaiting its approval by the legislators.
Meanwhile, the Supreme Court also asked the advocate-generals of Sindh and Balochistan to submit a report on registered cases in the respective provinces and adjourned the hearing for January 31, 2007.
The court also expressed dissatisfaction over an affidavit presented by Dr Major (retd) Khalid Farooq stating that the complainant had willingly donated his organ for a girl besides a team of surgeons had operated upon Mohammad Amjad.
In the last hearing, the bench was told that all the accused in the case namely Mohammad Boota, Shahzad, Ishaque and Nawaz and Dr Khalid Farooq had been acquitted by the local district and sessions judge after a compromise was reached between the parties.
The court also directed the prosecutor-general of Punjab to challenge the order of the district court before the Lahore High Court.
