Bhopal (Madhya Pradesh): The High Court, principal bench, Jabalpur, has granted permission for kidney transplant from a man to his friend setting aside state government's denial to issue a no-objection certificate (NOC) for the transplant, as per the court's order.
According to rules, only blood relatives can donate a kidney. Citing the rules, the state government had refused to give a no-objection in connection with donating a kidney to a friend. Thereafter a petition was filed in the High Court.
The High Court passed the order on September 22 on the basis of human sensibility by rising above the rule in a case. Under this, the friend's kidney was given permission to be transplanted.
High Court Justice Sushruta Arvind Dharmadhikari, in his order said, "Keeping in view the aforesaid provisions of the Rules as well as taking into consideration the fact that the competent specialist doctors after examining the health condition of Suresh Garg (Bhopal) as well as Ramprasad Pandey (Bhopal) have arrived at the conclusion that kidney can be donated."
The court said, "There is no reason to reject the prayer of the petitioners specially when he is on death bed and is fighting for his life. Hence, this petition is disposed of with a direction to Ramprasad Pandey (Bhopal) and state government's authorisation committee to expedite the process of transplantation of kidney between Suresh Garg (Bhopal) as well as Ramprasad Pandey (Bhopal) within a period of seven days from the date of receipt of certified copy of this order."
Advocate Kapil Sharma, appearing for the doctors and petitioners, submitted, "Ram Prasad wants to donate a kidney to his friend Suresh at his own free will. After doing all the tests by specialist doctors, it was found that the kidney can be transplanted. Even after completing all the formalities, the authorised committee constituted by the government under the said Act had twice refused to give the no-objection for kidney transplant."
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