HC questions legality of organ transfer law

The High Court today questioned the legality of the existing law that allows a patient to accept organs donated only by family and blood-connected relatives.

The HC sought explanation from government as to why it should not declare illegal the Bangladesh Organ Transplantation Act 1999 (BOTA), which allows a patient to accept organs from father, mother, brother, sister, uncle, aunt, wife and husband only.

The bench of Justice Kazi-Reza-Ul Hoque and Justice Abu Taher Md Saifur Rahman passed the order moved by a writ petition filed by one MA Rashid from Savar.

Secretaries for health and the law ministries have been made respondents to the rule. They will have to answer to the court's ruling by the next 48 hours.

Petitioner Rashid wanted to donate his kidney to a relative, Md Babul Hossain, at Apollo Hospitals in Dhaka. But the hospital did not allow him saying that only close blood-related relatives of the victim can donate organ as per the transplantation act.

Rashid moved the petition with the HC on Monday praying to cancel the act so that "anybody can donate organ and save a life".

He said the prevailing law is conflicting to the article-32 of the country’s constitution.

The court asked the officials of the court concerned to send its order to the respondents through a special messenger, petitioner’s lawyer Eunus Ali Akond told The Daily Star.