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Relationship Between Married Couple’s Families Can’t Be Disregarded For Organ Donation: Delhi HC [Read Judgment]

Aasavri Rai
2 May 2017 2:39 PM GMT
Relationship Between Married Couple’s Families Can’t Be Disregarded For Organ Donation: Delhi HC [Read Judgment]
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The Delhi High Court, in the case of Sanjay Yogi Goel vs Union of India & Ors, when faced with the legality of a proposed organ donation by the mother-in-law of the patient’s son, noted that the qualities of human love and affection cannot be disregarded and such an exchange would be bad in law only if it’s undertaken with a financial or commercial motive.

Justice Sanjeev Sachdeva noted that it is normal for a man to assist his in-laws when they are in a need.

The relationship between a man and his in-laws is a close one and the mere fact that on previous occasions, financial assistance was provided by the son-in-law to his in-laws does not make the organ donation a commercial transaction within the meaning of the Transplantation of Human Organs and Tissues Act 1994.

In this case, Max Super Specialty Hospital had, without citing any reasons, declined the patient’s request for a kidney transplant. The patient was undergoing dialysis thrice a day and it was proposed that the mother-in-law of the patient’s son would be the donor of the kidney.

An appeal was filed by the patient under the 1994 Act; however, the same was rejected by the appellate authority which could not rule out the possibility of an external influence and financial transaction.

The authority noted a stark disparity of income between the donor’s and the recipient’s family, It was also noted by the authority that the donor’s family took money from their son-in-law when there was a need. However, even upon reconsideration, the appeal of the proposed recipient was rejected.

The bench noted that a mere disparity in income is not sufficient to raise suspicion under the Act. The committee was directed to facilitate approval for the transplantation.

Read the Judgment here.

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