A mother has filed a petition in the High Court to donate her kidney to her son. Because this application was rejected by the hospital on the ground that it is mandatory to issue NOC by her husband.
A mother had filed a petition in the High Court to donate her kidney to her son. But, this application was rejected by the High Court on the ground that the non-issuance of NOC by her husband is not sustainable.
A 681 bench of Justice Purushendra Kumar Kaurav of the court said that his request for kidney donation is dismissed. The court pronounced this decision while hearing the petition of the mother aggrieved by the decision of the hospital.
The whole matter
A mother wanted to donate a kidney to her son who is suffering from CKD V and is undergoing dialysis. The mother made a request to the hospital concerned to donate the kidney but her request was rejected as the husband has not consented to donate the kidney.
Court hearing
In the court, the mother said that under the Order of Transplantation of Human Organs and Tissues Act 1991 (Act) there is no need for the consent of the husband if a mother wishes to donate her kidney to her son of her own free will. She is medically fit to donate her kidney, but the hospital did not forward her request to the authorization committee as her husband did not consent to it.
Court decision
After examining the provisions of section 9 of the Act, the court observed that the committee has to be satisfied that all the rules and procedures required for organ donation are followed by anyone who wishes to donate an organ and The hospital could not refuse to forward such a request. There is no need for the husband’s permission to donate organs.
The court directed that the matter be referred to the Authority Committee for deciding by the hospital following the Act. The court also asked the committee to take an early decision on the request of the petitioner.
