A division bench of chief justice Mohit Shah and justice Roshan Dalvi has permitted elder sister Sonia Vayklip to donate her kidney to her younger brother Deepak who is suffering from kidney failure.
The brother-sister duo that had come to Maharashtra from Chhatisgarh for a kidney transplant got relief from the Bombay high court on Wednesday.
A division bench of chief justice Mohit Shah and justice Roshan Dalvi has permitted elder sister Sonia Vayklip to donate her kidney to her younger brother Deepak who is suffering from kidney failure.
The hospital had earlier declined to process the case papers on the grounds that Sonia has a low IQ. The siblings had then approached the high court. It was later found that Sonia had a stent in her right kidney and had undergone treatment for kidney stones. However, Dr Bharat Shah, a kidney specialist with the Lilavati hospital who was present in the high court on Wednesday, said Sonia’s and Deepak’s kidney tissues are a perfect match and the transplant should not be delayed as Deepak’s condition is serious.
“I have come to court to save a life. We are unnecessarily delaying a genuine case. Often, because of such delays lives are lost,” said Shah.
Assistant government pleader GW Mattos had argued that as per a Supreme Court judgment, they should acquire a no-objection certificate (NOC) from the State Authorising Committee (SAC) of Chhatisgarh. “Only the Chattisgarh committee can verify their claim of being siblings,” he said.
RA Shaikh and Muqim Khan, advocates for the Vayklips, argued that as per the Transplantation of Human Organ Act there is no need to get an NOC from the SAC when the donor and recipient are related. “There is going to be no commercial transaction between family members,” said Shaikh.
Dalvi said, “He (Deepak) is from a rural area and does not have access to dialysis. Why would he enter into a commercial transaction with a relative?”
Vayklips’ advocates also said that the government of Chattisgarh had given them a grant of Rs2 lakh for coming to Maharashtra for the transplant.
Mattos requested the court to clarify that the exception of NOC was being given in this case under special circumstances. “In cases of transplant between relatives, the SAC verifies the genuineness of the claim. There are chances of the order being misused,” said Mattos. The judges said that they were satisfied in this case that their claim of being siblings was genuine.
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