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DELHI HIGH COURT
PRATHIBA M.SINGH
Aditi Goswami – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. recipient's urgent health need and donor relationship. (Para 2 , 3 , 4 , 5) |
| 2. court's analysis and appointment of local commissioner. (Para 6 , 9 , 10 , 11 , 15 , 16) |
| 3. guidelines for organ donation under thot act. (Para 12 , 14) |
| 4. acknowledgment of no commercial transaction in donation. (Para 17 , 18) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner under Article 226 being aggrieved by the conduct of the Respondents in not processing her application for kidney transplant. By way of the present petition, the Petitioner/Recipient (hereinafter `Recipient') seeks expeditious processing and disposal of her application for kidney transplant from the Donor, Mrs. Mani who is her Maternal Aunt/Maasi (hereinafter `Donor').
3. The background facts of the case are that the Recipient is an advocate who has graduated from Amity Law School, New Delhi in the year 2019. She is also enrolled with the Bar Council of Delhi from 2019. The case of the Recipient is that in March, 2021 she experienced facial puffiness, poor appetite and galactorrhoea due to which she consulted with Dr. San
Disparity in financial position between donor and recipient cannot alone imply a commercial transaction; motivations must be established based on affection and attachment.
The court emphasized that kidney transplantation from non-near relatives requires the Authorisation Committee's prior approval to prevent commercial dealings, underscoring altruistic motives in organ....
The court ruled that the rejection of an organ donation application based on suspected financial exploitation without adequate evidence is arbitrary, emphasizing that altruistic intent must be evalua....
The court emphasized that altruistic organ donations must not be denied based solely on financial disparities, requiring thorough evaluation by the Authorisation Committee to prevent arbitrary reject....
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