KIDNEY SALE, NO WORTH UNLESS..
By Javed 31 July 2007
His Lordship Chief Justice Mr. Iftikhar Mohammad Chaudhary became angry on the slow but practically nil progress on the proposed legislation earlier recommended by the Court concerning sale of human body parts. He took serious note on the remarks by the Dy. Attorney General that the Bill has already been prepared but there were some hurdles in its approval as, as stated by the DAG some influential private people were against this Bill. The Chief Justice directed for early finalization. Seeing the mood of the Court in general and what importance the Supreme Court in particular has got in the eyes of civil society the government has speedily moved on this directive. According to this morning 29 July 2007 news item the Government has prepared a bill to check sale of human parts and a punishment of 3 years has been proposed in it.
According to another news item after the above serious directive of the Chief Justice to the DAG, the very noble team comprising Doctor Adib Rizvi and his colleagues who are internationally known due to success in Kidney treatment in Civil Hospital Karachi, through a press conference showed their disappointment on some provisions of the proposed Bill. According to Dr. Adib Rizvi those provision will legalise and encouarge this inhumane business. Last year a Middle East government twice warned its public not to travel towards Pakistan for kidney transplants as according to their Ministry of Health the Pakistan had turned into the biggest kidney trade market where unscrupulous doctors were treating. This warning also gave some examples transplant failures and deaths.
The laws, rules, prohibition or Ordinances have never been and will never be successful in controlling such activities. Whatever the laws may be made such trade in one way or the other remains rather more flourishes after these Laws. Every society has its own mood and ingredients. A tablet of Paracetamol may affect me but not similarly to my wife. My wife gets immediate relief from Panadol Extra but it immediately increases my headache. The chemical composition of our society is different to that of West where rules or laws have proper affects as first those frame those rules or laws strictly act on those. The laws and rules do not affect our society but only the true and practical punishment does. Until the dead dog is not removed from the stinking well no Bill on sale of human body parts will be affective. Before preparing and passing such a Bill first we need to go in depth how and who deals with this trade and what are the supporting industries involved. To know this Supreme Court needs to take some reported cases as specimen cases for deep study. SC for this purpose may as first take up the case of a Karachi victim largely reported in July 2006 by many newspapers like DAWN, Daily Times Lahore etc. Mohammed Khashi a resident of Gulshan-e-Jouhar Karachi found his one kidney missing after a gallbladder operation in a posh Hospital in North Nazimabad. He lodged an FIR in July 2006. Both the Hospital and Doctors used their influence. The Police after taking its share as usual stopped investigation thus paving way for the hospital to keep continue such operations. The victim was harassed and his mouth was shut. The press as is usual after publishing this story for a day or finding another hot story forgot the old one. If SC really wants to eliminate this trade then it would do better if it summons this particular victim ensuring his protection, the hospital and doctors but most importantly the area Police with its full record of that particular FIR. Three months back internationally a news was circulated from Multan. The photo showed 4 or perhaps 5 real sisters all having sold their kidneys. According to report about half a village there had sold kidneys. Who paid these sellers, in which hospitals and which doctors performed operations, in which Police area this was done, can be taken up as specimen to know the modus operandi of this market. Merely a Bill, a rule or an ordinance will not do. With first knowing the modus operandi, then starting a case found involved in these specimen cases and ensure practical punishment, will do nothing but same as three years back smoke omitting rickshaws were banned in Karachi by the Courts but all rickshaws are plying even on the roads around the Court iself.
By Javed 31 July 2007
His Lordship Chief Justice Mr. Iftikhar Mohammad Chaudhary became angry on the slow but practically nil progress on the proposed legislation earlier recommended by the Court concerning sale of human body parts. He took serious note on the remarks by the Dy. Attorney General that the Bill has already been prepared but there were some hurdles in its approval as, as stated by the DAG some influential private people were against this Bill. The Chief Justice directed for early finalization. Seeing the mood of the Court in general and what importance the Supreme Court in particular has got in the eyes of civil society the government has speedily moved on this directive. According to this morning 29 July 2007 news item the Government has prepared a bill to check sale of human parts and a punishment of 3 years has been proposed in it.
According to another news item after the above serious directive of the Chief Justice to the DAG, the very noble team comprising Doctor Adib Rizvi and his colleagues who are internationally known due to success in Kidney treatment in Civil Hospital Karachi, through a press conference showed their disappointment on some provisions of the proposed Bill. According to Dr. Adib Rizvi those provision will legalise and encouarge this inhumane business. Last year a Middle East government twice warned its public not to travel towards Pakistan for kidney transplants as according to their Ministry of Health the Pakistan had turned into the biggest kidney trade market where unscrupulous doctors were treating. This warning also gave some examples transplant failures and deaths.
The laws, rules, prohibition or Ordinances have never been and will never be successful in controlling such activities. Whatever the laws may be made such trade in one way or the other remains rather more flourishes after these Laws. Every society has its own mood and ingredients. A tablet of Paracetamol may affect me but not similarly to my wife. My wife gets immediate relief from Panadol Extra but it immediately increases my headache. The chemical composition of our society is different to that of West where rules or laws have proper affects as first those frame those rules or laws strictly act on those. The laws and rules do not affect our society but only the true and practical punishment does. Until the dead dog is not removed from the stinking well no Bill on sale of human body parts will be affective. Before preparing and passing such a Bill first we need to go in depth how and who deals with this trade and what are the supporting industries involved. To know this Supreme Court needs to take some reported cases as specimen cases for deep study. SC for this purpose may as first take up the case of a Karachi victim largely reported in July 2006 by many newspapers like DAWN, Daily Times Lahore etc. Mohammed Khashi a resident of Gulshan-e-Jouhar Karachi found his one kidney missing after a gallbladder operation in a posh Hospital in North Nazimabad. He lodged an FIR in July 2006. Both the Hospital and Doctors used their influence. The Police after taking its share as usual stopped investigation thus paving way for the hospital to keep continue such operations. The victim was harassed and his mouth was shut. The press as is usual after publishing this story for a day or finding another hot story forgot the old one. If SC really wants to eliminate this trade then it would do better if it summons this particular victim ensuring his protection, the hospital and doctors but most importantly the area Police with its full record of that particular FIR. Three months back internationally a news was circulated from Multan. The photo showed 4 or perhaps 5 real sisters all having sold their kidneys. According to report about half a village there had sold kidneys. Who paid these sellers, in which hospitals and which doctors performed operations, in which Police area this was done, can be taken up as specimen to know the modus operandi of this market. Merely a Bill, a rule or an ordinance will not do. With first knowing the modus operandi, then starting a case found involved in these specimen cases and ensure practical punishment, will do nothing but same as three years back smoke omitting rickshaws were banned in Karachi by the Courts but all rickshaws are plying even on the roads around the Court iself.
