Dhaka, Dec The BD High Court on Thursday said people outside close relatives can donate body organs, including kidney, to patients emotionally but not for commercial purpose. It also asked the Directorate General of Health Services and Health and Family Welfare Ministry to amend the law within six months to this end.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Khandaker Diliruzzaman came up with the verdict after disposing of a rule issued earlier following a writ petition.
Barrister Rashna Imam stood for the writ petitioner while Advocate ZI Khan Panna represented Ain O Salish Kendra and Deputy Attorney General Saifuddin Khaled moved for the state.
The court, however, prohibited the organ trade and directed for forming a certifying body at every hospital to scrutinise whether an emotional donation is followed while donating organs, including kidney.
On November 21, the HC fixed December 5 for delivering its judgment after hearing the rule that sought an explanation as to why three sections of the Organ Donation Act 1999 should not be declared illegal.
The rule was issued on August 24, 2017, after hearing a writ petition filed by Fatema Johora.
In 2015, Johora donated a kidney to her ailing daughter Fahmida but still, her kidney was nonfunctional.
Although the donor was ready, legal complications barred her daughter from getting a fresh kidney. – UNB
