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| HC quashes authorization committee's order on kidney transplant | | |
Early Times Report
SRINAGAR, Dec 13: Jammu and Kashmir has quashed a decision by state government's authorization committee regarding rejection of an application for kidney transplant on compassion grounds.
"The decision taken by the Authorisation Committee does not fall in line with the grounds envisaged by law. The Authorisation Committee is directed to consider the request of the petitioners afresh on the basis of the grounds recognized by law within a period of seven days from the date a copy of this order is served on the Convenor of the Committee," reads an order by a single bench of the court comprising Justice Ali Mohammad Magrey.
The court was hearing a petition filed by woman, diagnosed with Chronic Kidney Disease (CKD) Grade- 111, as well as her kidney donor friend, seeking quashment of the order by authorization committee.
"The ultimate authority to accord approval for the removal and transplantation of the human organ is the Authorization Committee constituted by the Government and their decision taken in accordance with law would prevail. Therefore, it is expected of the members of the Committee to take the requisite decision taking all the relevant aspects into consideration so as to rule out any element of commercial dealings," the court said.
In cases where the donations are offered on the grounds of affection and attachment, court said, it is not farfetched that the decision of the concerned may be motivated by false hope of converting misfortunes of life into glittering grandeur at the altar of personal well being.
In the instant case, the court said, the Authorisation Committee has rejected the request of the petitioners on the ground of lack of compassion or inadequacy thereof behind the offer to donate.
"The Act or the Rules framed do not recognize compassion as the ground for seeking or rejecting authorisation in question," the court said.
"The grounds recognized are either near relation or affection and attachment. Compassion is a feeling of pity and sympathy; whereas affection and attachment connote feelings of fondness and liking. Though both conditions relate to emotional aspect of a human nature, yet affection and attachment may evoke a strong and sustained response so much so to sacrifice one's own body organ, compassion would not."The court said that in any case, since the decisions have been taken on the misconceived ground of compassion, the same do not withstand the test of judicial scrutiny, being not governed by the provisions of the Jammu and Kashmir Transplantation of Human Organs Act. |
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