News Analysis: Namesake Authorization Committee @ Continental Hospitals to blame for Kidney mess?

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The alleged kidney racket in continental hospitals may have shocked medical fraternity in Hyderabad after Gachibowli police registered a case against Harish Manian, Continental Hospital chief operating officer, Gokul Prem Kumar, general manager, international business and  Ramesh Kirshnan, CEO for reportedly allowing kidney transplantation from unrelated donors.

It may be recalled that cases were booked under Sections 468 (forgery for the purpose of cheating), 471 (using forged document), 420 (cheating) and 506 (criminal intimidation) and  Sections 19 and 19A of the Transplantation of Human Organs and Tissues Act (HOTA) based on complaint lodged by Dr Praveen Kumar, former medical director of Continental Hospital.

They may be unrelated Bangladeshi or African donors but what is not clear as to how the Telangana government's so called Transplant Authorization Committee allowed the lapses to take place in clear contravention of Transplantation of Human Organs Rules, 1995.


What is the rule position?

Before I write another line, it is better if you take a look at some of the provisions of Transplantation of Human Organs Rules, 1995.

 Do you think Hyderabad-based Continental Hospitals Pvt Ltd (CHPL) -- whose majority stakes are owned by Gleneagles Development Pte Ltd (GDPL) -- followed the above rule under 6 (j) of Transplantation of Human Organs Rules, 1995 while taking up the live kidney donor transplantation?

 Do you think the Authorization Committee exhibited caution while letting foreign kidney donors to donate their organs in Hyderabad as per rule 6 (e) (i) and (ii)? It hardly appears so.

Do you think an interview with the foreign kidney donor was recorded by the Authorization Committee in this case?

It is surprising why Dr Praveen Kumar should be the complainant and not the government's Authorization committee in the kidney racket case?

It seems that the latter have more questions to answer than what the police investigation against the three named Continental Hospitals named in the FIR by Dr Praveen Kumar.


In fact, in the amended  Transplantation of Human Organs and Tissues Rules, 2014, the condition for donating like kidney to a foreigner has been made more stringent but why government backed Authorisation Committee did not understand this aspect during cases of live kidney transplantation in city hospitals like Continental Hospitals is a mystery.

In this amended rule, it does not even allow transplant if the recipient is a foreign national and donor is an Indian national unless they are near relatives.

My point: Is it Dr Praveen Kumar's responsibility or the government appoint Authorization Committee's job to ensure compliance of this rule?

What's more, the amended  Transplantation of Human Organs and Tissues Rules, 2014, makes it very clear that Indian living donors wanting to donate to a foreigner other than near relative shall not be considered but how seriously is the government monitored Authorisation Committee equipped to ensure compliance is anybody's guess.

In this regard, it is crucial to know who were the members of Continental Hospitals' Hospital Authorisation Committee that allowed the transplants.

Here's the rule position with regard to Hospital Authorisation Committee's composition: