DHAKA: The High Court on Thursday (Aug 24) issued a rule asking authorities concerned to explain within two weeks why the articles 2(C), 3 and 6 of the Organ Transplant Law-1999 should not be declared illegal. 

An HC bench comprising Justices Moinul Islam Chowdhury and JBM Hasan issued the rule after hearing a writ filed by one Fatema Johora. 

Health Secretary and Director General of Health Department were made respondents to the rule.
  
The court also asked why the defendants’ failure to formulate rules under that law in last 18 years should not be declared unconstitutional.

Petitioner’s lawyers said Fatema Johora donated one of her kidneys to her daughter in 2015 that later became dysfunctional. Now her daughter is undergoing dialysis therapy in hospital which is very costly and she can’t arrange another kidney transplantation from donors due to legal obstacles. So he filed the writ in High Court. 

Barrister Rashna Imam, one of the petitioner’s lawyers, said according to the donor definition given by article 2(C) of the Organ Transplant Law, only close relatives who is aged between 18-65 years can donate organ to patient.      

In contrary, The Indian law for Organ Transplant includes special condition for patients where other than close relatives can donate organs. Our law does not include any such option and no rules were also written under the law in 18 years it has been passed.

BDST: 1745 HRS, AUG 24, 2017
AP/SMS