Short Duration Of Marriage Not Ground To Disallow Organ Donation By Spouse When Case Is Verified On All Legal Parameters.: Punjab & Haryana HC
The Punjab and Haryana High Court has held that duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favour of other spouse, particularly when the case has been verified on all legal parameters.The observation was made while dealing with a writ petition for the issuance of an appropriate writ in the nature of mandamus directing...
The Punjab and Haryana High Court has held that duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favour of other spouse, particularly when the case has been verified on all legal parameters.
The observation was made while dealing with a writ petition for the issuance of an appropriate writ in the nature of mandamus directing the respondent to conduct surgery of renal transplant of the petitioner's husband by receiving the organ from the petitioner-wife without further delay.
The bench comprising Justice Raj Mohan Singh stated that the duration of marriage is not a ground to discard the willingness of the petitioner to donate her kidney for saving the life of her husband.
The case came up as a result of the authorization committee's rejection of allowing kidney transplantation of the petitioner's husband by receiving the organ from the petitioner herself. The petitioner-wife has gone through all the medical tests suggested by respondent No.2 including verification of her physical as well as mental state of health. In all the tests, it has been found by respondent No.2 that she is fit enough to donate her kidney to save her husband's life. Her husband's life is in a serious condition. Petitioner's case that was placed before a competent authority constituted by Respondent No.2-Hospital for authorization of kidney transplantation has been rejected on the ground of the short duration of the marriage between the petitioner and the recipient.
After considering the submissions, the court stated that the identity and consent of the petitioner as required have already been verified by the respondents.
Admittedly condition of husband of the petitioner is very serious, who is already on dialysis on day to day basis since long. The identity and consent of the petitioner as required under rule 22 of the Transplantation of Human Organs Rules, 2014 have already been verified by the respondents. No other consent of any parents or siblings of donor is required….
Court further noted that there is no greed involved in this case nor is there any kind of pressure exerted upon the petitioner to donate her kidney and the same has been verified by the police. The petitioner is the legally wedded wife of the recipient. There are various statutory provisions that have been promulgated to prevent trafficking and commercial practices but there is nothing on record to show any malpractice, greed, or pressure in the instant case.
The statutory provisions have been promulgated to prevent trafficking and commercial practices. Every care/caution has to be taken to prevent exploitation of any kind. Petitioner is legally wedded wife of the recipient. There is no material on record to indicate any malpractice or any element of greed or pressure being exerted upon the petitioner. The condition of husband of the petitioner is very serious.
While stating that the petitioner and her husband are not foreign nationals, the court held that there is no legal bar attached to the petitioner for donating one of the kidneys to her husband. As far as the authorization committee's rejection of the case is concerned, the court held that it was done on the basis of the short duration of marriage between the petitioner and the recipient but the same is not a ground to discard the willingness of one of the spouses to donate a kidney to the other.
Admittedly, petitioner and her husband are not foreign nationals. The authorization committee has only rejected the case of the petitioner for kidney transplantation due to short duration of marriage. Evidently, the duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favour of other spouse, particularly when the case of the petitioner has been verified on all legal parameters. Marriage has already been registered with the Marriage Registrar and a marriage certificate has been duly issued in favour of the couple.
For the reasons discussed above and keeping in view the facts and circumstances, the competent authority is directed to conclusively decide the application and allow transplantation of the same at the earliest.
Case Title : Manpreet Kaur v. State Of Punjab And Ors.
Citation: 2022 LiveLaw (PH) 73