Madhya Pradesh High Court Permits Liver Transplant Despite Objection By Donor's Wife

In a pertinent decision, Madhya Pradesh High Court has upheld a man's right to donate a part of his liver tissue to his ailing brother, despite the strong objections recorded by the donor's wife prior to authorisation. “…the objection raised by the respondent No.4 may be based on some apprehension in the contest of societal norms of keeping her Suhag healthy, alive and free from any risk, but if the individual right of the petitioner No.1 is pitted against such a perception of the respondent No.4, then the individual right of the petitioner No.1 has to be given preference”, the court underscored that the petitioner is entitled to a writ of mandamus as prayed for. Hence, the court directed Respondent No.2, Kokilaben Dhirubhai Ambani Hospital, to ignore the objection raised by Respondent No.4 wife while proceeding with the liver transplantation of two genetically related individuals such as the petitioner and his brother. When the petitioner has come forward voluntarily as a donor for the liver transplant, the same can't be disregarded merely based on the objection raised by the wife, the court held.