NHRC issues notice to Punjab Government on the ‘Kidney Scam’

The National Human Rights Commission has taken suo motu cognizance of a report published in ‘The Indian Express’ dated 19 January 2003 entitled “The Kidney Conspiracy”.

The Commission had also received a letter dated 23 January 2003 from Shri Ram Jethmalani, Sr. Advocate and other human rights activists including Jawid Laiq, Human Rights Researcher, Lataa Krishnamurti, Advocate, Kamini Jaiswal, Advocate and Ashok Kumar Singh, Advocate expressing shock over the reports in the newspapers regarding this issue and calling for the Commission’s intervention.

On 24 January 2003, the Commission issued a notice to the Punjab Government calling for a response in two weeks.

The newspaper report highlighted a ‘Kidney Racket’ in Punjab and exploitation of the victims, who were compelled to sell their kidneys to save themselves from starvation. It was alleged in the article that the Rs. 150 Crores ‘Kidney Scam’ was masterminded by a senior Nephro-surgeon of a renowned hospital and the Principle of a Government Medical College of Punjab who reportedly gave permission for illegal transplants being the Chairman of the authorization committee. The report also indicated that at least 300 labourers had lost their kidneys and 20 to 25 had lost their lives in this racket, which has been going on since 2001.

The complainants in their letter to the Commission also reiterated that it appeared that the poor victims of exploitation who had been compelled to sell their kidneys to save themselves from starvation had been further victimized by being imprisoned. Some of them appeared to be in urgent need of medical attention. They requested the Commission to take immediate steps to get them released from custody and arrange for medical care available to them. “Otherwise the State would be guilty of the grossest human rights violation.”

Taking cognizance of the report and the complaint, the Commission issued notice to the Chief Secretary and Director General of Police, Punjab to report to the Commission on the number of kidney donors now in jail and whether any medical facilities was being provided to them.