ANNU BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner, who is a proposed donor of kidney has approached this Court under Article 226 of the Constitution of India seeking following reliefs:-

(2.) The short facts of the case are that, brother of petitioner named Ashok Pawar, aged about 63 years is suffering from CKD stage 5-D and is on Dialysis. Doctors have suggested for kidney transplantation and the petitioner has under gone all the required test, whereby she is found competent and fit to donate her one kidney to her brother. The family members of the petitioner have given their consent for the same but her husband who is respondent No.3 in the present petition has not issued no objection. Respondent No.2/Bansal Hospital, Shahpura, Bhopal is not ready to process the documents of the petitioner for the purpose of approval by the competent authorization committee formulated under the Transplantation of Human Organs and Tissues Rules, 2014, on the ground that the petitioner's/husband has not issued NOC or Affidavit.

(3.) By the present petition, petitioner has complained the inaction of the respondent/Hospital to process the matter before the competent authorization committee. The case of petitioner is that if the Kidney Transplant is not done promptly, the life of brother of the petitioner will be at high risk.