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Parts of the Organs Transplantation Act declared unconstitutional

Parts of the Organs Transplantation Act declared unconstitutional

The High Court issued a rule asking the authorities concerned to explain why three sections (2ga, 3, and 6) of the Organ Transplantation Act-1999 will not be declared unconstitutional.

The HC also asked them to explain why the failure of defendant to form rules despite having a provision for formulation of rules in the Act would not be declared as unconstitutional.

The Health and Family Affairs Secretary and Directorate General of Health Services (DGHS) have been asked to respond to the rule within two weeks.

A two-member bench, led by Justice Moyeenul Islam Chowdhury and JBM Hassan, issued the rule following a petition filed by a woman, Fatema Zohora.

Barristers Rasna Imam, Reshad Imam, Arefin Ahsraf, Zarif Mohammad Jubayer, Tasnim Ferdous and Narida Nabin Khan stood for the petitioners.

As per the act, Barrister Rashna Imam said, the close and blood-connected relatives have been allowed for donating organs. Parents, siblings, uncle (paternal), aunt (paternal), uncle (maternal) and husband-wife have been defined as close relatives.

But in the law related to organ transplantation in India, grandfathers, grandmothers (both maternal and paternal ones) and cousins have been included in the list who can donate organs. Besides, in special cases, it had been relaxed that donor need not be close relatives.

The petition was filed due to failure in formulation of rules in this regard.

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