NATIONAL HUMAN RIGHTS COMMISSION, INDIA
report further mentioned various measures initiated by the District Administration about
the said incident. A notice under Section 15(5) of the Act for violating Section 9(1) of the
KPME Act, 2007 was issued against the hospital. However, the report was silent about
revoking registration/license of the hospital. The Commissioner, Health & Family Welfare
Services, Bengaluru also informed that cheques had already been handed over to all nine
(7+2) patients on 29.08.2019 who had lost their sight due to negligence of Bhagwan
Mahaveer Darshan Eye Hospital, Mysuru.
4.
ix.
The Deputy Commissioner and Chairman, Karnataka Private Medical Institutions
Registration Authority, Mysuru District informed that the KPME authority had issued a
show cause notice on 03.08.19 to Bhagwan Mahaveer Darshan Eye Hospital, Mysuru.
The Hospital authority had stated that there was no medical negligence on their part.
Further, in the enquiry conducted by the State Medical Authorities, it was also observed
that there was no medical negligence on the part of the said Hospital, but there was
medical complication. It was informed that no action was taken by KPME authority to
suspend or cancel the Registration or licence of the hospital though the permission given
for conducting free Eye Camps were withdrawn and further no camps were conducted
till now. It was also informed that strict action would be issued not to conduct such free
camps until and unless all necessary precautions and safety measures are taken.
x.
Upon consideration of the reports, the Commission closed the matter as the State
Government has acted upon the recommendation of the Commission and compensation
has been paid to the victims.
The kidney of the victim allegedly removed and transplanted the same to a patient by
adopting deceitful tactics and using fake documents, in connivance with the officials of
Directorate of Medical Education and Training (DMET), Odisha and staff of the Apollo
Hospital, Bhubaneswar
(Case No. 1171/18/28/2016)
i.
The complainant Shri Akhand, from Civil Society Forum on Human Rights, Bargarh, Odisha
had alleged that the accused persons mentioned in the complaint, in connivance with the
officials of DMET, Odisha and staff of the Apollo Hospital, Bhubaneswar, got the kidney of
the victim Shri Anil Swamy removed and transplanted the same to a patient by adopting
deceitful tactics and using fake documents.
ii.
Taking cognizance in this matter, the Commission called for a report from the Secretary,
Department of Health & Family Welfare, Government of Odisha. In response, the
Commissioner-cum-Secretary, Department of Health & Family Welfare, Government of
Odisha, refuted involvement of officers of the DMET, Odisha in this matter and further reported
that on the basis of written report of Shri Anil Kumar Swamy, a case had been registered
at Bargarh Town Police Station Case No. 03/2016 under Sections 419/420/468/471/120B/506/326 IPC read with (r/w) Sections 18/19/20 of the Transplantation of Human Organs
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