Wife doesn’t need to take consent from her husband if she wished to donate an organ: Delhi High Court

organ donation

New Delhi: The Delhi High Court held that there is no requirement in law to get a no-objection certificate from the spouse if the wife wished to donate an organ in accordance with the law.

The Bench headed by Justice Yashwant Varma stated that the applicable rules did not mandate any “spousal consent” in the case of organ donation to a close relative and directed that the authorities proceed with the petitioner’s application for donation in accordance with the law. The Petitioner wanted to donate her kidney to her father.

“She is not a chattel. It is her body,” the judge remarked.

The court took note of the Transplantation of Human Organs Rules and said that the legal framework did not mandate any NOC from the spouse.

“The court takes note of Rule 22 (Precautions in case of woman donor)… Reading of Rule 18 (Procedure in case of near relatives) indicates that in the case where the donor is married, there is no requirement of any spousal consent being obtained. The rule does not envisage or mandate any NOC being obtained from the spouse,” the court said.

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