A long pending demand has finally been addressed by the honourable High Court, taking into consideration the human elements and aspects regarding the issue of kidney donation.
The honourable High Court in a very recent ground-breaking ruling has lifted the embargo hitherto slapped on kidney donation. Unquestionably, it is a welcome decision since thousands of kidney patients, suffering acutely from kidney complications, will get a way out from the costly and cumbersome process of dialysis. According to a statistics, as many as 40 thousands patients develop kidney failure in the country.The just abolished provision restricted the donation of kidneys only within relations connected by blood. The new law has waived this ban and instead launched an open-ended possibility for kidney donations. From now on, someone can donate kidney to a kidney patient if he/she wishes, out of sympathy and fellow-feeling. Yes, there are innumerable good-hearted people who are willing to voluntarily donate kidneys, without any material exchange even today.
Kidney complications are undoubtedly life-threatening and the concerned treatment, especially that of dialysis, involves huge amount of money and patients have to undergo painstaking process of strenuous sessions of dialysis which has to continue throughout life. Since the bulk of the patients belong to middle class and the marginalised strata of the society, the payment for dialysis is too heavy for them to bear. In addition, dialysis is an unsure and shaky alternative to carry on life until an ultimate abrupt halt. On the other hand, safe kidney transplantation is the permanent answer for kidney failure.
The grounds for the formulation of the previous law concerning kidney donations and transplantations are that it may give rise to the commercial racket of kidney trade. The logic shown then sounded reasonable, keeping in mind the prevailing reality of rampant kidney business and consumerist outlook at home and neighbouring countries, especially India.
Soon after the High Court ruling, another reality gradually began to emerge, as many voluntary kidney donors appeared on the scene, but the statutory injunction was depriving a huge number of patients with damaged kidneys to go for kidney transplant. This deprivation gradually snowballed into a big human issue with no apparent way out in sight.
To make a safe passage for unavoidable kidney transplantation, in chronic cases for the bigger cause of prolonging life and healthy survival, it has been keenly felt over the years to revise the concerned provisions of the existing law.
The present High Court ruling is a natural outcome of the situation, since it will hopefully address the issue at the deepest, from the humanitarian point of view, bridging the gap between the demand and availability. To speak practically, the revised decision is a timely one and it will open up the possibility of adding a new lease of life to millions languishing from kidney problems waiting for sure and helpless death.Every law is meant to be subject to change and revision taking into consideration the changing scenario on the ground. Any sort of reservation rights at the initiation will be a cynical reaction. Yes, there are Achilles heels in the newly floated ruling, as it may create free-wheeling opportunities for the unscrupulous opportunists, who will try to do brisk business banking on the abject poverty of those belonging to the marginalised tier of the society.
If adequate precautions are taken earnestly, all undesirable spin-off effects can successfully be avoided. For making the new people-friendly provision effectively workable and operative, all concerned people and quarters have to play their assigned roles and responsibilities as a team.
We have to remember, above all, that no law is foolproof. The previous law was needed to change, not for the sake of change only. Rather, reality demanded it, to initiate change so pressingly. Effecting changes and remaining updated is all-through a continuous process and if need be the just formulated provision will have to be revised in due course to attune it to exigencies and immediacies of time.
However, let us first see how much effectively the new law redress and relieve the sufferings of the thousands of suffering patients. Before any practical application of the law, it will be unwise to raise objections and express reservations regarding the revised provision right now.
There is no denying the fact that the recently issued ruling of the honourable High Court is a ground-breaking decision in that it will definitely usher a new era in the treatment of kidney patients. This ruling will obviously bless thousands of chronic kidney patients with the hope of coming back to the vibes and vibrancy of the mainstream life. Let us help our helpless and suffering fellow compatriots to share a natural healthy functional life like all of us, as a way is created by the new law.
The writer is an Assistant Professor of English, Bogura Cantonment Public School & College.