Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Delhi HC Grants Bail in High-Profile Kidney Transplant Case

Delhi HC Grants Bail in High-Profile Kidney Transplant Case


The Delhi High Court has granted bail to a senior female surgeon accused in an illegal kidney transplant racket involving a patient from Bangladesh. The court highlighted that, at this stage, allegations against the surgeon, particularly regarding falsified records, appear speculative and warrant further investigation.


Key Details:

- Date of Order: August 23, 2024

- Presiding Judge: Justice Amit Mahajan

- Applicant's Custody: Since July 1, 2024

- Concern: Possibility of the surgeon threatening witnesses or donors, mitigated through appropriate conditions.


Legal Context:

The court observed that the documents in question were authenticated by the relevant Embassy under the Transplantation of Human Organs and Tissues Act (TOHO Act). A Committee, which included senior doctors and a government officer, validated the organ donation as legitimate, following a three-tier safeguard system:


1. Document Submission

2. Authentication by the Embassy

3. Validation by a Committee


The prosecution didn't claim that the surgeon was part of this Committee or that she had prepared the documents. Instead, the allegations suggest that the accused facilitated the surgeries by arranging patients from Bangladesh, allegedly aware of their ineligibility for organ donation.


Defense's Argument:

- Senior Advocate Vikas Pahwa argued that the allegations are baseless and that the surgeon was wrongfully implicated. He emphasized that she adhered to all standard procedures and hospital directives during the surgery and had no role in preparing the necessary documents.


- Violation Claim: The defense also claimed that the arrest violated Section 46(4) of the CrPC, as the FIR did not initially name the surgeon as an accused.


The Bigger Picture:

According to the Delhi Police FIR, this case is part of a larger operation by a well-organized crime syndicate involved in illegal kidney transplants, targeting vulnerable individuals from Bangladesh and North Eastern states.


What is the TOHO Act?


The Transplantation of Human Organs and Tissues Act (TOHO Act) is designed to regulate the removal, storage, and transplantation of human organs and tissues to prevent commercial dealings. The Act’s three-tier safeguard system ensures:


1. Document Submission to verify the donor's consent and eligibility.

2. Authentication by the Embassy for foreign donors to confirm the legitimacy of the documentation.

3. Validation by a Committee comprising senior doctors and a government officer to ensure that all legal and ethical standards are met.


Despite these safeguards, the allegations in this case highlight potential loopholes and the need for more stringent enforcement to prevent exploitation in the organ donation process.

Location: Pune, Maharashtra, India

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