NATIONAL HUMAN RIGHTS COMMISSION, INDIA
and Tissues Act, 1994, which was handed over to the Crime Investigation Division- Crime
Branch (CID-CB), Cuttack, Odisha for further investigation. It is also reported that after
completion of investigation, a complaint has been filed in the Court by the Sub Divisional
Judicial Magistrate (SDJM), Bargarh, along with all connected documents vide 2(c) CC No.
46/2017 on 29.12.2017 as per the provisions of the Transplantation of Human Organs and
Tissues Act, 1994.
106
iii.
On perusal of the report, the Commission, observed that the Authorization Committee,
which had decided to issue No Objection Certificate (NOC) to Shri Raghaba Ram Dora,
the recipient, for kidney transplantation, is a statutory body under the Transplantation
of Human Organs and Tissues Act, 1994, and the State Government is authorized under
Section 4(b) of the said Act to constitute an Authorization Committee. Further, under
Section 9(5) of the said Act, there is a provision that the Authorization Committee shall,
after holding an inquiry and after satisfying itself that the applicants have complied
with all the requirements of this Act and the rules made thereunder, grants approval for
the removal and transplantation of the human organs. In this case, the Authorization
Committee constituted by the State Government of Odisha has approved/granted NOC
for transplantation of kidney from Shri Jayaram Dora (donor) to Shri Raghaba Ram Dora
(recipient) without verifying or conducting proper enquiry, due to which kidney of Shri Anil
Kumar Swamy, in place of the donor Shri Jayaram Dora, was removed and transplanted
into the body of Shri Raghaba Ram Dora. The Commission also apprehended connivance
of Apollo Hospital for obtaining the NOC for transplantation of kidney of Shri Jayaram
Dora, whereas the kidney of Shri Anil Kumar Swamy was taken out and transplanted into
the body of Shri Raghaba Ram Dora.
iv.
Accordingly, a notice under Section 18(a)(i) of the Protection of Human Rights Act, 1993
was issued to the Government of Odisha through its Chief Secretary requiring it to showcause as to why the Commission should not recommend Rs. 2,00,000/- (Rupees Two Lakhs
Only) as compensation to be paid to the victim Shri Anil Kumar Swamy, son of late Shri
Gograj Swamy, resident of District Bargarh, Odisha, for violation of his human rights. The
Chief Secretary, Government of Odisha was also asked to take this matter before the
Appropriate Authority for taking action under Section 16 of the Transplantation of Human
Organs and Tissues Act, 1994, with regard to suspension/cancelation of registration of
Apollo Hospital, Bhubaneswar, Odisha, as it has breached the provisions of the said Act.
v.
The Commission, vide its further proceedings observed that the findings given by the
Commission have not been refuted in the reply to show cause notice, and asked the Chief
Secretary, Government of Odisha to pay Rs. 2,00,000/- (Rupees Two Lakhs Only) to the
victim Shri Anil Kumar Swamy and submit proof of payment within 6 weeks.
vi.
The Chief Secretary, Government of Odisha has also been directed to submit an action
taken report under Section 16 of the Transplantation of Human Organs & Tissues Act, 1994
ANNUAL REPORT 2019-20