Laws promulgated against organ transplant, SC told
20 September, 2012
ISLAMABAD: All provincial governments on Wednesday informed the Supreme Court that they had promulgated laws regarding the transplantation of human organs and tissues.
A three-Judge bench, consisting of Chief Justice of Pakistan Iftikhar Chaudhry, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, on a constitutional plea moved by former Supreme Court Bar Association president Asma Jahangir and others, disposed of the petitions after it was apprised by all provincial governments and the federal capital territory officials that legislation to discourage such practice had been put in place.
The petitioners had sought the court's intervention on the issue as the federal and provincial governments had failed to curb illegal organ trade and kidney transplantation. During the hearing, Balochistan Additional Advocate General Azam Khattak apprised the bench that the provincial government had issued notification and titled Balochistan (Amended) Ordinance on Human Organs Transplant and Tissues adopted the legislation of Punjab province.
Khyber Pakhtunkhwa Health Deputy Secretary Babar Khan apprised the bench that legislation was done and rules would be notified today. Justice Khawaja questioned as to why the authorities concerned were not taking cognizance of such issues and wake up after the Court took notice. He said the provincial governments should have taken the measures after 18th Amendment as the subject was devolved to provinces.
The advocate generals of all four provinces and Additional Deputy Attorney General Habibullah Shakir, appearing on behalf of Islamabad Capital Territory, informed the court about the promulgation of the law. The court directed the functionaries to follow the laws and ordered that there should be no illegal transplantation of organs and tissues.
While disposing of the petitions, the court directed the provincial governments to take action against those involved in the illegal trade.