Article 21| 'Right To Life Extends To Foreign Nationals': Gujarat HC Permits Canadian Woman To Undergo Kidney Transplant Without Domicile Certificate

Relying on the Apex Court's judgment in Chairman Railway Board and Ors. vs. Chandrima Das and Ors., (2000) 2 SCC 465, Justice AS Supehia of the Gujarat High Court has reiterated that the right to live includes the right to live with human dignity, and the term 'person' used in Art 21 extends to citizens and foreign nationals, alike. The High Court made these remarks in the background of a petition by an ailing Canadian woman who was being denied a kidney transplant basis the lack of a Domicile Certificate. The Respondent authorities were insisting upon the woman first obtain a Domicile Certificate in order for her to undertake the necessary procedure for kidney transplantation. The petition informed the Bench that the condition of the patient was critical and she required the transplant urgently. The Additional Commissioner of Police, Migration had rejected the request for the issuance of a Domicile Certificate needed for kidney transplantation. Hence, the instant petition was filed before the High Court. Keeping in view the facts, Justice Supehia remarked: "It is very painful to know that the life of the petitioner depends on the issuance of such Domicile Certificate. Thus, it appears that the requirement of Domicile Certificate is treated at a higher pedestal than Article 21 of the Constitution of India." The High Court further explained: "The right to live is a fundamental right without which a human being cannot live as human being, which includes all those aspects of life, which make his life meaningful and complete and worth living. A right to live a healthy life and to enjoy all faculties of human body in its prime condition is the core facet of Article 21 of the Constitution of India." Accordingly, the High Court held that the demand for the Domicile Certificate could not 'obscure' or 'eclipse' the sovereignty and supremacy of Art 21 when a human's life was at stake. Such formalities would 'pale into insignificance in the event that the human loses her life. Thus, the Respondent authorities were directed to give provisional permission to the Petitioner for her name to be included in the register for the kidney transplant.Citation: 2022 LiveLaw (Guj) 291

Article 21| 'Right To Life Extends To Foreign Nationals': Gujarat HC Permits Canadian Woman To Undergo Kidney Transplant Without Domicile Certificate

PRIYANKA PREET

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