The Delhi High Court has allowed a woman’s plea for kidney transplant with her aunt, a single parent, being the donor, saying it was satisfied that no commercial transaction was involved in the organ donation.
The high court said the difference in the financial condition of the donor and the recipient, by itself, cannot be a reason strong enough to establish a commercial element.
While disposing of the petition, the high court said the recipient, a woman advocate who was also the petitioner, is free to approach Max Hospital, Saket for conducting the transplant procedure.
“The court is satisfied that there is no commercial transaction involved in the donation of the kidney in the case at hand. Accordingly, the application filed by the petitioner before the authorisation committee for transplant of the donor’s kidney to the recipient is allowed....,” Justice Prathiba M Singh said.
The petitioner approached the court aggrieved by the authorities’ conduct in not processing her application for kidney transplant from the donor, who is her maternal aunt (mother's sister).
The woman advocate said she started experiencing certain health problems in March 2021 and, when her condition started to deteriorate in January, 2022, she was admitted to Max Hospital in Saket where she was diagnosed with chronic kidney disease stage 5 /end stage renal disease.
She said she has been undergoing dialysis regularly and now her aunt has agreed to donate one of her kidneys “purely on love and affection basis”.
The application for organ transplant was submitted to the authorisation committee concerned at Max Hospital. However, the recipient did not receive any decision in writing from it, the plea said.
It was submitted before the court by the counsel for the authorisation committee that it does not have any objection to the organ donation, however, some concerns were raised as to the financial status of the donor.
It was stated that since the donor is a single parent, looking after the business on her own, if any complication were to arise as a result of the surgery, there would be no one to look after her son which makes her a vulnerable person.
The petitioner’s counsel, however, said the donor is a financially independent woman and merely because the donor and the recipient come from different financial background cannot be a valid ground to reject the application for kidney transplant.
The court said it was concerned about the young age of the recipient and her life and future.
“While confirming that the conditions as required in law are satisfied, the court has to balance speed with caution. In the present case, multiple levels of detailed examination have been done qua the donor. Some of the concerns that existed have now been addressed,” it said.
“To allay the doubt as to any involvement of commercial element, interaction has been done with the donor by the Local Commissioner as also by the court itself, and there is no doubt in the mind of the court that the motivation for donating kidney is love and affection and there is no commercial element involved as a consideration for donating kidney in the present case,” the judge said.
The counsel for the petitioner also submitted the recipient and her family are willing to give an undertaking that they will provide medical care, including an attendant, which may be required for the donor during and after the transplant.
She said the donor and the recipient’s family are living in the same building and the latter will not hesitate in rendering all support to the donor’s son as well.
Under Indian laws governing organ transplantation, 'Near Related Donor' like parents, grandparents, spouse, siblings, children and grandchildren above 18 years of age can donate organs. 'Other than near related donor' like uncle, aunt, in-laws, friend, step-siblings and step-parent, too, can donate. An other than near related donor has to prove their motivation behind the donation.
-With PTI Input
