The Kerala High Court on Monday,28th observed that the ‘Transplantation of Human Organs and Tissues Rules’ did not insist on the consent of the spouse when a person wanted to donate his/her organ.
The Court also made it clear that there is no statutory requirement for a donor to get the consent of his/her spouse when they are donating their organs to any unknown person.
A Division Bench comprising Justice C K Abdul Rehim and Shaji P Chaly made the observation while considering a dispute relating to liver transplantation on a baby girl in Thiruvananthapuram.
The court directed the ‘Authorised Committee of Organ Transplantation’ headed by the Thiruvananthapuram Medical College principal to grant the transplantation of a woman’s liver on Alia Fathima, the patient within five days.
The government and the hospital authorities informed the court they had been unable to find Thiruvananthapuram-native Sreerani who was willing to donate liver to the child.
The hospital authorities told the court that they had conducted compatibility test and found that the liver was suitable for the baby. All the formal procedures required for the process are being followed. The hospital authorities informed that hough the consent of the donor and her husband was obtained, the husband later withdrew his consent.
The court asked the hospital authorities to submit the required application before the Authorisation Committee for Organ Transplantation, which is required to grant permission within five days. The court further observed that Sreerani’s willingness to donate her liver was commendable.
Earlier, the court had directed to find a liver donor for Alia Fathima, based on a petition filed by her father seeking a directive to the child’s mother and grandmother to provide treatment to her. The man had approached the High Court as the couple have been living separately because of a marital dispute.
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