Expressing concern that no arrests had been made despite clear violations, the division bench comprising Justice S M Subramaniam and Justice G Arul Murugan observed, “The government is duty-bound to protect the right to life of people. The sale of human organs, like any other commodity, is not acceptable. Such illegal acts of the kidney trade are under public scrutiny, but no action has been taken.”
The order came in response to a public interest litigation filed by SN Sathiswaran of Paramakudi taluk, Ramanathapuram district, who highlighted the government's inaction in curbing organ trafficking and punishing those responsible.
The petitioner stated that the racket came to light when videos and testimonies surfaced online featuring workers from Pallipalayam and nearby areas in Namakkal, particularly from power loom and dyeing mill communities, claiming they were lured into selling kidneys for 5 lakh to 10 lakh. Several victims claimed they received much less than promised, even though the recipient paid 10 lakh to the broker. People belonging to the economically weaker sections were abused, and their kidneys were removed.
Medical Dialogues a month ago reported that a suspected kidney transplant racket came to light in Namakkal, where a broker allegedly targeted poor textile workers, lured them into selling their kidneys for money at two private hospitals - Dhanalakshmi Srinivasan Medical College Hospital in Perambalur and Cethar Hospitals in Trichy.
The donors were secretly taken to private hospitals, admitted as patients, and kept for a week to undergo the transplant in exchange for amounts ranging from Rs 5 to 10 lakh. After the procedure, they were handed over the money, which helped them to repay their debts. The brokers specifically targeted vulnerable and poor individuals who were in urgent need of money. Investigators suspected that the middlemen supplied poor donors to recipients under the guise of false familial relationships.
Following this, the Directorate of Medical and Rural Health Services permanently revoked both the hospital's transplant licences. Both private hospitals were found submitting forged documents to government accreditation committees to obtain transplant approvals, in violation of the Transplantation of Human Organs Act, 1994.
The investigation led by S Vineeth, project director, Tamil Nadu Urban Health Care Project, into the incident discovered that unrelated living donors were procured through brokers for monetary gain. Two brokers identified as Anandan and Stanley Mohan are key intermediaries in the illegal operations.
Along with brokers, several hospital staff members, including transplant coordinators, were allegedly involved in the racket. They were accused of preparing fraudulent documents, falsely presenting donors as family relatives, and approving their surgeries. The inquiry report recommended disciplinary action against the officials responsible for these illegal activities.
However, no action had been taken against the accused despite widespread reports of irregularities at the two hospitals, pointed out the petitioner. He further alleged that the inquiry committee, headed by an IAS officer and senior Health Department officials, was abruptly dissolved due to external political pressure, as both hospitals were linked to political figures from the DMK.
According to him, major arrests were deliberately avoided and whistleblowers silenced. He further quoted the State Health Minister’s public statement, which described the offences 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, as per the DT Next media report.
Claiming that the government are trying to suppress the matter, the petitioner demanded that the probe be transferred to the CBI for a fair, impartial, and independent investigation and take appropriate action against all people involved, irrespective of their political affiliation..
The petitioner stated that kidney ailments were on the rise in the last few decades. Due to the advancement in medical technology, kidney transplants have substantially increased over the years, particularly in several hospitals across the state. However, a few people were involved in illegalities, including kidney theft and medical irregularities in the transplant of kidneys, reports TOI.
He urged the court to direct the state to set up an independent committee comprising an IAS officer and medical professionals to investigate the racket, identify victims and perpetrators, institutions involved and submit a detailed report to the court.
After hearing the arguments, the court directed the Principal Secretary of the Health and Family Welfare Department and the Director of Medical and Rural Health Services to file reports on the action taken in the case. The bench also sought details from the authorities on mechanisms to prevent organ theft and illegal organ trade in the state.
The matter has been posted for further hearing on August 21.
Also read- 2 Tamil Nadu Hospitals Face Licence Suspension Over Kidney Racket Allegations
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