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Illegal Kidney Transplant: NHRC Seeks ATR From Odisha Govt Against Apollo Hospital


28 December 2019

Debashish Maharana


Bhubaneswar: The National Human Rights Commission (NHRC) has sought an action taken report (ATR) from the Odisha government on action taken against the Apollo Hospital here in connection with illegal kidney transplantation.

The national rights body has also ordered the State government to pay a compensation of Rs 2, 00,000 to the victim Anil Kumar Swamy and submit proof of payment within January 25, 2020.

"....Chief Secretary, Govt of Odisha to pay Rs 2,00,000 to the victim Anil Kumar Swamy and submit proof of payment within 6 weeks positively failing which the Commission may be constrained to issue coercive process u/s 13 of the PHR Act, 1993. He is also directed to submit action taken report against the Apollo Hospital Bhubaneswar, Odisha u/s 16 of the Transplantation of Human Organs & Tissues Act, 1994 within the said period," the NHRC has said in a reminder issued to the Chief Secretary, Odisha government recently.

Pursuant to directions of the Commission, Apollo Hospital, Bhubaneswar had submitted a representation before the NHRC on September 12 this year.

The Hospital has revealed in its representation that donor was Jayaram Dora, brother of Raghabram Dora (recipient) and not Anil Swamy and on an investigation, it had found that he was misrepresented as Jayaram Dora.

The Commission has observed, "It is quite unimaginative that the doctors of the hospital after taking a photograph of the donor removed kidney of another person and may not be involved in a large racket."

The Commission has considered the representation and has directed the State government to take action against the hospital and to submit report.

"The hospital may agitate the matter before appropriate authority and representation carries no weight to review the order of the Commission,” the NHRC has observed.

It may be pointed out here that the Commission in its order on August 8 this year had observed and directed the Chief Secretary to pay Rs 2,00,000 to the victim Anil Kumar Swamy and submit proof of payment within six weeks and submit action taken report u/s 16 of the Transplantation of Human Organs & Tissues Act, 1994 with regard to suspension/cancellation of registration of the Apollo Hospital Bhubaneswar, Odisha within 6 weeks positively failing which the Commission shall be constrained to issue coercive process u/s 13 of the PHR Act, 1993.

The matter relates to a kidney transplant surgery which was carried out in 2013 at Apollo Hospital in Bhubaneswar. It was alleged that the private hospital had taken out the kidney of one Anil Kumar Swamy through deception.