Madurai: Coming down heavily on the Tamil Nadu government for its inaction in the kidney transplant racket involving Dhanalakshmi Srinivasan Medical College Hospital (Perambalur) and Cethar Hospitals (Trichy), the Madurai Bench of the Madras High Court has constituted a five-member Special Investigation Team (SIT) to probe the case. The SIT has been directed to submit a progress report within a month.
Court Rebuke on FIR Delay
A Division Bench of Justices S.M. Subramaniam and G. Arul Murugan observed that despite clear evidence of illegal organ trading, the state had failed to register an FIR.
The judges termed the state’s reluctance as “unacceptable” and “disappointing”, stating:
“Public health is within the State List under the Constitution and the State is bound to show sensitivity in dealing with such issues. The State is even hesitating to register an FIR and arguing statutory bar. Such a stand is unacceptable.”
The bench stressed that trafficking of human organs was not only illegal but also a violation of the fundamental right to life under Article 21.
Allegations of Organ Trafficking
The case arose from a PIL filed by lawyer S.N. Sathishwaran, who alleged that both hospitals were involved in illegal kidney transplants with the help of brokers and officials.
A state-appointed inquiry committee had earlier suspended the hospitals’ licences after finding irregularities such as:
- Fabricated certificates and false affidavits
- Fake documents to secure approvals
- Brokers luring debt-ridden weavers and poor individuals into selling kidneys for money.
Despite these findings, the state argued that only the “appropriate authority” under the Transplantation of Human Organs Act (TOHO), 1994 could investigate — an objection the court rejected, holding that offences under the new Bharatiya Nyaya Sanhita (BNS), 2023 required immediate police action.
SIT to Lead Probe
The newly constituted SIT will be led by IG of Police (South Zone) Premanand Sinha, along with:
- SP NS Nisha (Nilgiris)
- SP N Silambarasan (Tirunelveli)
- SP Dr K Karthikeyan (Coimbatore)
- SP BK Arvind (Madurai)
The SIT has been ordered to register FIRs based on the Chief Medical Officer’s complaint, probe the role of hospitals, doctors, and touts, and report back by September 24. The Madras High Court itself will monitor the investigation.
State Government Response
Health Minister Ma Subramanian said:
- The operating theatres of both hospitals have been sealed.
- Their organ retrieval licences have been permanently revoked.
- Show-cause notices have been issued to nine members of the Madurai District Authorisation Committee for clearing transplants without due verification.
He also confirmed a police complaint against two brokers accused of coercing poor handloom weavers into selling their kidneys.
Wider Network Suspected
Investigators suspect the racket involved:
- Middlemen targeting textile workers and weavers.
- Donors being disguised as “relatives” to recipients.
- Payments between ₹5–10 lakh offered to donors, used to repay debts.
Both private hospitals were found to have submitted forged documents to obtain approvals, in clear violation of the TOHO Act, 1994.
The matter will be heard again on September 24.
