Bombay HC to Lilavati, DMER: Allow low-IQ kidney donor

A kidney-failure patient, who has been waiting for a transplant, will finally be able to undergo surgery after the Bombay high court directed Lilavati Hospital to forward the relevant papers to the authorisation committee of the Directorate of Medical Education and Research (DMER) for processing the same.

A Chhattisgarh resident, Ajeet Vayklip was to receive a kidney from his sister Sonia. However, the hospital declined to process their papers on the grounds that Sonia has low IQ. Following this, the siblings approached the high court, where their advocates, RA Shaikh and Muqim Khan, began the argument by saying, “The patient’s family has already spent over Rs 1 lakh for accessing the medical condition of the donor and the donee.”

However, a subsequent communication by the hospital said that Sonia’s IQ, following a psychiatric and clinical psychology test, was less than the required 80%. The hospital then asked them to approach an appropriate court which could offer to act as guardian for the donor.

Shaikh further argued: “Apart from Ajit’s health being at a critical stage, the Rs2 lakh donation by the Chhattisgarh government is set to lapse on January 10.” The Vayklips are not financially influential and are completely relying on family and friends for treatment, he said, adding that there was no provision under the  Transplantation of Human Organ Act stating that a donor having a lower-than-stipulated IQ cannot donate organ.

Now, a division bench of chief justice Mohit Shah and justice Roshan Dalvi has asked the hospital to forward the papers to the authorising committee after accepting the Chhattisgarh government cheque. The court also directed the DMER committee to take a decision in the case within a week after receiving the papers.

The hearing has been adjourned till January 5.