"Disappointed" With TN Govt's Response, Madras High Court Constitutes SIT To Probe Illegal Organ Trafficking In State

The Madras High Court has set up a five-member Special Investigation Team (SIT) to conduct investigation into the allegations of human organ transplantation racket in the State, including kidney transplants. Noting that the State's response was "disappointing", the bench of Justice SM Subramaniam and Justice G Arul Murugan has said that the SIT will be monitored by the Madurai bench of the Madras High Court. The court has directed the SIT to submit reports before the Registrar (Additional Registrar General) or the Registrar (Judicial) of the Madurai bench periodically. “The Madurai Bench of Madras High Court will monitor the investigations. The Special Investigation Team is directed to submit reports before the Registrar (Additional Registrar General) or the Registrar (Judicial), Madurai Bench of Madras High Court periodically or on hearing dates, as the case may be,” the court said. The SIT will consist of Inspector General of Police South Zone Premanand Sinha, Superintendent of Police (SP) Upper Bazaar Nilgiris NS Nisha, SP Tirunelveli N Silambarasan, SP Coimbatore Dr K Karthikeyan, and SP Madurai BK Arvind. The court directed the Director General of Police to provide all necessary assistance, including police personnel, infrastructure, and other requirements, to the SIT. The court also directed the SIT to ensure that the complaint given by the Chief Medical Officer, Namakkal, is acted upon, and an FIR is registered based on the complaint, and a report is submitted by the special team. The court added that further FIRs could be registered whenever such allegations or complaints are made or brought to the notice of the SIT. The Director of medical and Rural Health Services and the jurisdictional Joint Directors of Health Services were also directed to provide all necessary assistance to the SIT to unearth incidents of human organ trafficking. The directions were issued by the court after coming to know of the large scale human organ transplantations that was taking place in the State. The court was hearing a Public Interest Litigation filed by a practicing lawyer SN Sathishwaran, seeking an investigation into illegal organ trafficking in the state. The petitioner had also alleged that Dhanalakshmi Srinivasan Medical College in Perambalur and Cether Hospital in Tiruchirappalli were involved in organ trafficking and yet no FIR had been registered. The petitioner had also submitted that a committee constituted by the State Government and including IAS officers had conducted a preliminary inquiry into the incidents and based on the preliminary inquiry, the licenses of the hospital were suspended. The committee had found several illegalities and irregularities in kidney transplantations, which would constitute offences under the Transplantation of Human Organs Act, and the BNS Act. The State informed that it had taken coercive measures and cancelled the licenses of the two medical colleges. The State also submitted that the appropriate authority under the TOHO Act had been conducting an investigation and thus, registering FIR may not arise at this point. The private hospitals argued that they were maintaining the records properly and that they were not involved in any such human organ trafficking racket as alleged by the petitioner. The court noted that the report of the committee appointed by the State was alarming, and economically disadvantaged persons were identified by brokers for monetary gain. The court also noted that the brokers, officials, hospitals and doctors abused the legal intricacies. Thus, the court noted that the allegations involved in the present case were not just with respect to provisions under the TOHO Act, but also under the BNS. The court held that the State's objection that only an appropriate authority under the Act could register the case was unacceptable since wider allegations had been raised. The court also noted that organ trafficking was not only violative of Article 21 of the Constitution but also causes serious health issues to the donor or the recipient. The court also noted that it had larger repercussions and wider implications in the matter of public health. The court observed that the State was expected to show sensitivity while dealing with such issues. “Public health is within the State List under the Constitution and the State is bound to show sensitivity in dealing with such nature of issues involving illegal human organ trading and the wider allegations raised in the public domain. When the State appointed team itself has made certain serious allegations against the private hospitals and medical college hospitals etc, the State is not expected to remain as mute spectator. The State is even hesitating to register an F.I.R and arguing before the Court that there is a statutory bar in registering an F.I.R. Such a stand is unacceptable,” the court said. ...

"Disappointed" With TN Govt's Response, Madras High Court Constitutes SIT To Probe Illegal Organ Trafficking In State

Upasana Sajeev

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