Madras HC orders TN govt to file action taken report on kidney racket

MADURAI: The Madurai bench of Madras High Court on Tuesday directed the State government to submit a detailed report on actions taken against those indulging in the kidney racket.

The government is duty-bound to protect the right to life of people, a division bench comprising SM Subramaniam and Justice G Arul Murugan said after hearing a public interest litigation filed by petitioner SN Sathiswaran of Paramakudi taluk, Ramanathapuram district, who argued that no arrests have been made in the alleged kidney racket despite widespread reports of irregularities.

The petitioner also submitted that a team constituted to look into the scandal was wound up due to political pressure. After hearing the arguments of the counsel, the court said that the sale of human organs, like any other commodity, was not acceptable.

The bench said that such illegal acts of kidney trade are under public scrutiny, but no action has been taken, after the petitioner’s counsel said no case has so far been filed over the racket.

The court also impleaded the Chief Secretary and the Director of Medical and Rural Health Services as respondents to the case.

The petitioner said that an inquiry team, headed by an IAS officer along with senior Health Department officials, formed to look into the scandal was wound up midway under external political pressure.

He argued that no big arrests were made and whistleblowers have been silenced, quoting the State Health Minister’s public statement describing the offences merely as “kidney irregularities” rather than “kidney theft.” The petitioner argued that the minister's statement reflected a disturbing insensitivity and lack of seriousness in handling the issue.

The petitioner said that the proximity between the respondent hospitals, political power centres and the State police fatally compromises any investigation by the local police or CB-CID, raising concerns of a cover-up.

Given the magnitude of the offence, the targeting of the economically weaker sections, the likelihood of destruction of evidence, and the urgent need to restore public confidence in the health system, the petitioner sought the constitution of an independent, court-monitored inquiry. He prayed for the transfer of the investigation to the CBI for a fair, impartial and credible inquiry leading to appropriate action against all offenders, irrespective of political position or affiliation.

The court adjourned the case to August 21 after hearing the petitioner’s arguments.