A ruling of the Delhi High Court on Tuesday 15, May 2012 allowed a kidney donation to a 58-year-old woman Parveen Begum by her distant niece, Israt, recognizing that love and affection between two distant relatives could be reason enough for the donation. Parveen's husband and close relatives were not willing to donate their kidney.
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,"
AdvertisementThe 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 transplantation.