Col. Manoj Pal (RNA Live Desk)
Chandigarh (India), The honourable Punjab and Haryana High Court has defined a new chapter in interpreting the statute “The Transplantation of Human Organs & Tissues Act 1994” by allowing non-Near Relative to swap the kidney. The High Court has permitted a kidney swap even though one of the persons was not a “Near Relative” of the other which is a mandatory condition under the current law.
The petitioners Ajay Mittal & Saiyaduzzama are suffering from kidney disease and they were advised to undergo kidney transplantation. Saiyaduzzama’s wife Irfana Khatoon wanted to donate a kidney to him and Ajay Mittal’s mother-in-law Aruna Rani’s blood group matched that of Saiyaduzzama. The blood group of Irfana Khatoon & Ajay Mittal also was a match. But their plea was dismissed by the PGIMER authorities, resulting in they filed the case in the Honourable High Court.
The authorities concerned did not allow the patient’s mother-in-law being she is not a “near relative” to donated her kidney as part of a transplantation swap. As per the Transplantation of Human Organs & Tissues Act 1994; only a spouse (Husband/wife), son, daughter, father, mother, brother, sister, grandparents, grandchildren are included in the definition of “near relatives”. This law was made to stop of commercialization of organ donation. There were many cases came to light where unscrupulous doctors and hospitals got involved in immoral and unlawful activities of organ transplantation to make easy money.
The honourable High Court of Punjab and Haryana at Chandigarh took a different view on the issue and not completely bound by the Statute, has commented that loss of human life should not be permitted at the alter of technicalities and more so when the possibility of a commercial transaction in such a swap has been completely ruled out. “Even though the definition of ‘near relative’ is provided in the Act, such definition should not be interpreted to restrict any other donor out of love & affection”, Justice Vinod Bhardwaj said in his judgement on December 6, 2022.
We all know that RJD Supremo Mr Lalu Prasad Yadav, former Chief Minister of Bihar was suffering from chronic kidney disease and undergone a kidney transplant in Singapore’s Mount Elizabeth hospital. His daughter Rohini Acharya donated the organ. Though, all are not so fortunate to get a match within family and a family member ready to donate organ. There are people who can do so out of love and affection without monetary consideration.
Thus, the judgement is a land mark judgement which will open an opportunity to genuine people. The precedence set the honourable Court would go a long way to mitigate the miseries of patients and the relatives. However, due care is taken on case-to-case basis while allowing such transplantation and donation of organ as the misuse of such judgement cannot be ruled out.
