The high court pointed out that, "The Act (regulating organ transplant)
recognizes two of the greatest human virtues of love and sacrifice and also the
fact that such intense love and affection need not necessarily be felt for
one's own blood or spouse but could also extend to those not so closely
related, or for those not related at all,"
The high court recognized that though commercial
transactions are still prohibited in organ donation, an organ donation between
two distant relatives need not necessarily be for commercial gain, but could be
out of love and affection.
Parveen Begum had been on dialysis and was waiting
for a kidney transplant since June 2011, but
the Authorisation Committee for Human Organ Transplant of a private
hospital had refused to go ahead since the donor and recipient were not closely
related and there was an income disparity between the two.
A provision under the Transplantation of Human
Organs and Tissues Act-1994 (TOHO) indicates that a person who is not a near
relative of the patient can donate his/her organ out of attachment or affection
for the recipient after prior approval of the authorization committee.
The ruling could provide hope to a number of patients waiting for organ