The judge also interacted with the donor in chambers, without the counsels from both sides. The donor was told about all the risks involved in donating an organ and undergoing an invasive surgery
A 58-year-old doctor suffering from kidney failure received a new lease of life after the Delhi High Court (HC) permitted him to take the organ from a distant relative. Dr Jasjit Singh was refused the organ by his immediate family members for varied reasons.
Earlier, the authorities concerned were not permitting Singh’s maternal uncle’s daughter-in-law to donate the kidney for him as they suspected some financial transaction. Justice Vibhu Bhakru, however, allowed Singh to take the kidney after finding out that there was no financial transaction involved.
The judge also interacted with the donor in chambers, without the counsels from both sides. The donor was told about all the risks involved in donating an organ and undergoing an invasive surgery. The donor, however, said she has long-standing relations with Singh and that she wanted to donate the organ.
“There is no doubt that the donor is fully aware of the risks of the surgery. But she is firm that she wants to donate her kidney,” the court said in its order, adding that the she has denied any kind of financial transaction.
Singh had undergone a transplant in March, 2015, after both his kidneys stopped working in February, 2015. At the time, his wife had donated her organ. However, just six months later, the organ dysfunctioned due to BK virus.
His maternal uncle’s daughter-in-law then took the decision to donate her organ. This process was not given clearance by the authorities under the Transplantation of Human Organs and Tissue Act, 1994.
The court ruled out any possibility of financial transaction after it held that the husband of the donor was not facing economic crisis and the famiy was well-off. “....there does not appear to be any monetary need that would warrant the donor to enter into a transaction to donate one of her kidneys for any monetary consideration,” the court said.
It then directed the Authorisation Committee to reconsider the application for grant of approval for kidney transplantation.
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