Articles
Addressing the Issue of Disparity in Organ Transplantation: Pooja Khatri et al. v Government of Nepal
Pooja Khatri- Bikash Thapa
Published 2014-04-30
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How to Cite
Khatri, P. ., & Thapa, B. . (2014). Addressing the Issue of Disparity in Organ Transplantation: Pooja Khatri et al. v Government of Nepal. Kathmandu School of Law Review, 4(1), 167–173. Retrieved from https://kslreview.org/index.php/kslr/article/view/190
Abstract
This case comment discusses upon the pronouncement of Supreme Court of Nepal on the issue of kidney trafficking, its significant impact and analysis of the case in relation to organized crime. Similarly, it also deals with the disparity in terms of organ donation, which the Court has positively delved into, by recognizing mother’s clan as close relative, thereby expanding the scope of prospective donors for organ transplantation.
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References
1. Human Body Organ Transplantation (Regulation and Prohibition) Act, 1998 (2055), Nepal, s. 2(c).
2. Wendy Zeldin, ‘Nepal: Draft Amendment to Human Organ Transplant Act Broadens Scope of Donors’, 2009, Library of Congress, para. 3 available at http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401220_text, accessed on 15 October 2014.
3. Yosuke Shimazono, ‘The state of the international organ trade: a provisional picture based on integration of available information’, Bulletin of the World Health Organization, 2007 available at http://www.who.int/bulletin/volumes/85/12/06-039370/en/
4.Prospective donor means that donor who can provide his/her organ to the recipient.
5.Human Body Organ Transplantation (Regulation and Prohibition) Act (n 4), s. 2(l).
6.Human Trafficking and Transportation (Control) Act, 2007(2064), Nepal, s. 4(c).
7. Human Body Organ Transplantation (Regulation And Prohibition) Act (n 4), s. 15.
8. ‘Close relative’ in respect of any person, means that person’s son, daughter, mother, father, brother, sister, uncle, nephew, niece, grandfather, grandmother from the father’s side, grandson, grand-daughter from the son’s side, grandson, granddaughter from the daughter’s side, and includes husband, wife, adopted son, adopted daughter, step mother, step father, father in- law, mother- in law, which whom relationship has constantly existed since two years ago. Ibid, s. s(l).
9. Interim Constitution of Nepal, 2007 (2063), art. 13.
10. Ibid, art. 20.
11. Human Body Organ Transplantation (Regulation And Prohibition) Act (n 4), preamble.
12. Ibid, s. 15.
13. ‘Near relative’ means spouse, son, daughter, father, mother, brother or sister. Transplantation of Human Organs Act, 1994, India, s. 2(i).
14. Subject to subsection (3) below, a person is guilty of an offence if in Great Britain he between persons, not genetically (a) removes from a living person an organ intended to be related, transplanted into another person; or (b) transplants an organ removed from a living person into another person, unless the person into whom the organ is to be or, as the case may be, is transplanted is genetically related to the person from whom the organ is removed. (2) For the purposes of this section a person is genetically related to (a) his natural parents and children; (b) his brothers and sisters of the whole or half blood; (c) the brothers and sisters of the whole or half blood of either of his natural parents; and (d) the natural children of his brothers and sisters of the whole or half blood or of the brothers and sisters of the whole or half blood of either of his natural parents; but persons shall not in any particular case be treated as related in any of those ways unless the fact of the relationship has been established by such means as are specified by regulations made by the Secretary of State. Human Organ Transplants Act, 1989, the United Kingdom, s. 1.
2. Wendy Zeldin, ‘Nepal: Draft Amendment to Human Organ Transplant Act Broadens Scope of Donors’, 2009, Library of Congress, para. 3 available at http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401220_text, accessed on 15 October 2014.
3. Yosuke Shimazono, ‘The state of the international organ trade: a provisional picture based on integration of available information’, Bulletin of the World Health Organization, 2007 available at http://www.who.int/bulletin/volumes/85/12/06-039370/en/
4.Prospective donor means that donor who can provide his/her organ to the recipient.
5.Human Body Organ Transplantation (Regulation and Prohibition) Act (n 4), s. 2(l).
6.Human Trafficking and Transportation (Control) Act, 2007(2064), Nepal, s. 4(c).
7. Human Body Organ Transplantation (Regulation And Prohibition) Act (n 4), s. 15.
8. ‘Close relative’ in respect of any person, means that person’s son, daughter, mother, father, brother, sister, uncle, nephew, niece, grandfather, grandmother from the father’s side, grandson, grand-daughter from the son’s side, grandson, granddaughter from the daughter’s side, and includes husband, wife, adopted son, adopted daughter, step mother, step father, father in- law, mother- in law, which whom relationship has constantly existed since two years ago. Ibid, s. s(l).
9. Interim Constitution of Nepal, 2007 (2063), art. 13.
10. Ibid, art. 20.
11. Human Body Organ Transplantation (Regulation And Prohibition) Act (n 4), preamble.
12. Ibid, s. 15.
13. ‘Near relative’ means spouse, son, daughter, father, mother, brother or sister. Transplantation of Human Organs Act, 1994, India, s. 2(i).
14. Subject to subsection (3) below, a person is guilty of an offence if in Great Britain he between persons, not genetically (a) removes from a living person an organ intended to be related, transplanted into another person; or (b) transplants an organ removed from a living person into another person, unless the person into whom the organ is to be or, as the case may be, is transplanted is genetically related to the person from whom the organ is removed. (2) For the purposes of this section a person is genetically related to (a) his natural parents and children; (b) his brothers and sisters of the whole or half blood; (c) the brothers and sisters of the whole or half blood of either of his natural parents; and (d) the natural children of his brothers and sisters of the whole or half blood or of the brothers and sisters of the whole or half blood of either of his natural parents; but persons shall not in any particular case be treated as related in any of those ways unless the fact of the relationship has been established by such means as are specified by regulations made by the Secretary of State. Human Organ Transplants Act, 1989, the United Kingdom, s. 1.