BHOPAL: Spouse’s consent is not required for organ donation, Madhya Pradesh high court (HC) has said, and ordered a Bhopal hospital to process the papers for kidney donation by a woman to her brother. The HC held that there is no provision in Transplantation of Human Organs & Tissues Act, 1994, for mandatory consent of spouse for organ donation.
“Insistence of consent of spouse, without any requirement in the Act or rules, cannot be given seal of approval and is liable to be quashed.The hospital cannot insist upon a NOC/affidavit of husband of donor. Any other close relative of a woman donor, except the recipient, may execute the document as required by the checklist,” the bench of Justice Vinay Saraf said in his order on April 4.
The petitioner, Annu Vanshkar (45), moved HC seeking directions to the hospital and ‘district/state authorisation committee’ to proceed with the kidney transplantation procedure without demanding a NOC/affidavit from her husband Ashok Vanshakar. Ashok was a respondent but didn’t participate in the hearing.
The petition said that doctors have recommended kidney transplantation for Annu’s brother and she has cleared all medical tests to be the donor. Her family agreed but her husband didn’t give an NOC, without which the hospital was not ready to process her documents, she said, adding that unless the transplantation was carried out, her brother’s life was at risk. After hearing arguments of the petitioner’s counsel, hospital and authorisation committee, Justice Vinay Saraf allowed the plea.
“Insistence of consent of spouse, without any requirement in the Act or rules, cannot be given seal of approval and is liable to be quashed.The hospital cannot insist upon a NOC/affidavit of husband of donor. Any other close relative of a woman donor, except the recipient, may execute the document as required by the checklist,” the bench of Justice Vinay Saraf said in his order on April 4.
The petitioner, Annu Vanshkar (45), moved HC seeking directions to the hospital and ‘district/state authorisation committee’ to proceed with the kidney transplantation procedure without demanding a NOC/affidavit from her husband Ashok Vanshakar. Ashok was a respondent but didn’t participate in the hearing.
The petition said that doctors have recommended kidney transplantation for Annu’s brother and she has cleared all medical tests to be the donor. Her family agreed but her husband didn’t give an NOC, without which the hospital was not ready to process her documents, she said, adding that unless the transplantation was carried out, her brother’s life was at risk. After hearing arguments of the petitioner’s counsel, hospital and authorisation committee, Justice Vinay Saraf allowed the plea.
