MP: Man Moves HC After Wife Objects To Liver Tissue Transplant To Save His Brother's Life; Gets Legal Permission

MP: Man Moves HC After Wife Objects To Liver Tissue Transplant To Save His Brother's Life; Gets Legal Permission

A single bench of Justice Rajmohan Singh of the Jabalpur High Court gave permission to Bhopal resident Vikas Aggarwal to transplant liver tissue to save the life of his elder brother Vivek Aggarwal

Ruddhi PhadkeUpdated: Wednesday, February 07, 2024, 12:07 PM IST
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Jabalpur: A unique case has come light from Madhya Pradesh's Jabalpur where a couple reached Jabalpur High Court over difference of opinion regarding liver tissue transplant. A single bench of Justice Rajmohan Singh of the Jabalpur High Court gave permission to Bhopal resident Vikas Aggarwal  to transplant liver tissue to save the life of his elder brother Vivek Aggarwal.

Vivek Aggarwal was advised to undergo liver tissue transplant at Kokilaben Dhirubhai Ambani Hospital in Mumbai. After a series of tests and investigation by medical experts, Vikas got approval from the hospital medically to donate his liver tissue to his brother.

However Vikas's wife Shilpa Aggarwal raised objection to the idea of her husband donating liver tissue. She cited that by law organ cannot be donated unless the relatives agree. The date for liver tissue transplant has been fixed for 8th February. Vikas later moved HC against his wife's objection and finally got a green signal for the transplant.

In the order, arguments were given and debated on the basis of various rules and sections of the Organ Transplantation Act 1994 and Organ Transplantation Rules-2014.

'Person can voluntarily help a sick relative'

The single bench has said in its order that "concern for the health and life of the husband is a social norm. She should not think that her husband will die due to liver transplant. Citing the decision passed by other courts including the Supreme Court, the single bench has said that the petitioner has taken the said decision voluntarily. Many others including his wife cannot interfere in it. Citing the line written by Nobel laureate French philosopher Albert Camus that the only way to deal with an unfree world is that your very existence is an act of protest, the single bench said in its order that a person cannot help his sick brother. The person wants to donate the liver and should not be bound by unnecessary interference by the state government".

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