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Ex-judge moves SC for giving organ donation option to Nirbhaya convicts

Last Updated 21 February 2020, 13:18 IST

A former judge of Karnataka High Court has approached the Supreme Court for a direction to Tihar jail authorities here to give an option to four death row convicts in the Nirbhaya case to offer their bodies for medical research and donate their organs as atonement for their offence and to save lives of others.

In a PIL filed jointly with Bengaluru-based advocate, Dilraj Rohit Sequeria, Justice (retired) M F Saldhana asked the top court to consider the “desirability of making it as a condition precedent in the case of all executions”.

“We are only praying for a limited direction that the option is held out to the four convicts that they should agree to donate their organs and bodies to medical research and secondly, that this court should examine the reasonableness of directing that this step be followed in the case of all executions,” they said.

Four convicts in the Nirbhaya – Mukesh, Akshay, Pawan and Vinay – are scheduled to hang on March 3.

The petitioners contended the convicts may be given a “final chance of contrition in the form of their organs being donated, which would not only undo the wrong that has been committed but would also aid a human being in dire need of an organ transplant."

Citing the case of the Mumbai terror case convict, Ajmal Kasab whose body remained unclaimed, the petitioners sought directions for amending the Prison Rules for following such a procedure in all executions.

They pointed out that the policy in India on organ donations was purely voluntary, which resulted in an acute shortage of vital organs not only for donation purposes but also for the research.

Contrary to it, countries like China, Singapore, France, and Taiwan have permitted the practice of organ transplantation from prisoners who have been executed.

The convicts should have a right to donate his organs and create a positive contribution in turn to the society, as an act of remorse, the petitioners said.

Certain countries like Belgium and Spain faced less shortage of organs, in view of their policy of making organ donation impliedly compulsory for all citizens, unless they opted out of it.

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(Published 21 February 2020, 13:18 IST)

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