Chandigarh, March 15
Even as Tibetans are at the receiving end at the hands of the Chinese authorities in Lhasa, a former Tibetan “freedom fighter” has won a legal battle against the PGI here. In fact, the Punjab and Haryana High Court has come to the rescue of Jampel Gyastso, battling for life allegedly in view of the PGI’s dilly-dallying attitude in granting approval for his kidney transplant.
A Division Bench of the high court, comprising Justice M.M. Kumar and Justice Sabina, directed the PGI to take a decision on kidney transplant from Gendun Tsephel, a non-related donor, on “humanitarian grounds” within a week.
A beaming Jampel told The Tribune here that he was “excited” at the prospects of kidney transplant following the court decision.
“I have voluntarily decided to donate my kidney as I cannot let my friend die for want of transplant,” Gendun added.
Both kidneys of Jampel, a former political prisoner who escaped from the Chinese-occupied Tibet in 2004, were allegedly damaged in the wake of the Chinese torture. Jampel, who reported for treatment at the PGI in October 2007, was reportedly diagnosed with renal failure requiring transplant for long-term survival.
Since then the patient had been on dialysis. As all his relatives were in Tibet, he was finding it difficult to find a family donor. Even as his childhood friend Gendun offered to voluntarily donate his kidney “without any monetary consideration and purely on humanitarian grounds,” the PGI allegedly frustrated the unique gesture.
The authorisation committee of the PGI, whose approval was mandatory for organ transplant under the provisions of the Transplantation of Human Organs Act, 1994, allegedly dilly-dallied on the issue, forcing the patient to move the high court.
This was despite the fact that all tests were conducted and both patient and donor were found to be compatible for kidney transplant. The issue of the approval for kidney transplant hanged fire with the authorisation committee since October 2007.
Though a meeting of the committee was held on January 17, 2008, under the chairmanship of the PGI director, Dr K.K. Talwar, no decision could be taken on the issue even as Jampel’s condition went from bad to worse requiring two dialyses a week.
Even as they made repeated rounds of the PGI’s Nephrology Department, they were told that their case could not be considered as they were not Indians.
Dr Talwar could not be contacted for his comments.
