P&H HC | Short duration of marriage cannot be the only ground to disallow organ transplant by spouse; writ petition allowed

Punjab and Haryana High Court

Punjab and Haryana High Court: Raj Mohan Singh, J., contemplated the present petition and ruled that a short duration of marriage is absolutely no ground to deny an organ transplant.

The petitioner in need of a renal transplant of her husband was denied the same by the respondent. It was the case of the petitioner that marriage was solemnized with Surjit Singh in December 2021. Eventually, Surjit was diagnosed with both kidney failures. Hence, the petitioner being the wife of Surjit came forward to donate one of her kidneys to her husband. Petitioner was found fit enough to be a donor and she is doing it of her own free will.

The respondent has verified the physical and mental health of the petitioner. Even counselling of the petitioner was conducted by a psychiatrist to verify the mental state of the petitioner. Respondent 2-Hospital constituted a competent authority, comprising four members for the purpose of authorization of kidney transplantation between near relatives. The case of the petitioner was placed before the aforesaid authorization committee and the committee has rejected the same on the ground of the short duration of marriage.

The Court observed that respondents could not show any such bar under the rules that a newly wedded wife like the petitioner cannot donate one of her kidneys to her ailing husband. Court further observed that the petitioner had free will and there was no ill motive or coercion involved.

The Court held that the statutory provisions were promulgated to prevent trafficking and commercial practices, but in the present case the petitioner is the wife, there is no material on record to indicate any malpractice or any element of greed or pressure being exerted upon the petitioner. The authorization committee has only rejected the case of the petitioner for kidney transplantation due to short duration of marriage. It was held that, “evidently, the duration of marriage is not a ground to discard the willingness of one of the spouse, to donate kidney in favor of other spouse, particularly when the case of the petitioner has been verified on all legal parameters.”

Hence, petition allowed.[Manpreet Kaur v. State of Punjab, CWP 5480 of 2022, decided on 08-04-2022]


Appearances:

Ms. Surinder Kaur, Advocate for the petitioner.

Mr. C.L. Pawar, Sr. D.A.G., Punjab for respondents No.1 & 3.

Mr. Manmeet Singh Bindra, Advocate for respondent No.2


Aastha Sharma, Editorial Assistant has reported this brief.

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