KIRTI PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present petition is preferred under Article 226 of the Constitution taking exception to order dtd. 29/2/2024 (Annexure P/1) passed by Dean, G.R. Medical College, Gwalior whereby Authorisation Committee under the Transplantation of Human Organs and Tissues Act, 1994 directed the petitioners to provide relevant certificates as sought by the Committee as referred in impugned order dtd. 29/2/2024.

(2.) Learned counsel for petitioners while referring different provisions of Act, 1994 and Rules made in this regard vide Rules namely the Transplantation of Human Organs and Tissues Rules, 2014 submits that petitioner No.1 - Smt. Kirti Pandey is suffering from renal problem and undergoing dialysis since July 2023. Petitioner No.2 is paternal aunt (cqvk) of her husband. Therefore, petitioner No.2 is aunt-in-law of petitioner No.1. Petitioner No.2 - Smt. Pramila Sharma wants to donate one of her kidneys to petitioner No.1 because of love and affection for her. She is not "near relative" as defined in Sec. 2(i) of Act, 1994 but she can be a donor (as per Sec. 2(f)) as per Sec. 9(3) of the Act, 1994. In said Sec. 9, restrictions on removal and transplantation of human organs or tissues or both are provided. A mechanism has been given in the provisions which contemplates composition of the Authorisation Committee. Said Committee consists of 7 members in which majority is of expert doctors.

(3.) According to learned counsel for petitioners, said Committee wants certain more documents regarding medical condition of different family members who fall under the definition of "near relative" whereas those "near relative" like brothers/sisters etc. are suffering from different ailments, therefore, they are not in position to donate their kidney to petitioner No.1 - Smt. Kirti Pandey. Counsel for petitioners fairly submits that petitioner No.2 who is Aunt-in-law is ready to give her kidney to petitioner No.1 but restrictions are raised. Although, she is ready to provide all necessary documents including medical papers regarding kidney condition of all family members/near relatives.