Court Mandates Urgent Action as Patient's Life Hangs in Balance, Criticizes Flawed Decision-Making Process
In a significant ruling, the Calcutta High Court has directed the Authorization Committee to approve a renal transplantation for Rita Sonthalia, wife of petitioner Niraj Kumar Sonthalia, emphasizing that the previous refusal was unjustified and contrary to the provisions of the Transplantation of Human Organs and Tissues Act, 1994. The court, presided over by Justice Krishna Rao, criticized the Committee for failing to act expeditiously in a case of urgent medical necessity.
Rita Sonthalia, who has been suffering from severe kidney issues since November 2021, was advised by Belle Vue Clinic to undergo an urgent renal transplantation. Despite the donor, Rahul Chudory, expressing his willingness to donate a kidney on humanitarian grounds and the absence of any financial transactions, the Authorization Committee had rejected the request based on alleged document discrepancies.
Justice Rao highlighted that the Authorization Committee's decision violated Section 9(3) and Rule 23 of the 1994 Act, which mandates expedited decision-making in urgent medical cases. The court noted that the donor had affirmed an affidavit before a Magistrate and the police verification corroborated the absence of financial dealings, thus deeming the Committee's refusal baseless.
The court ordered the Authorization Committee to grant approval within 24 hours, facilitating the immediate commencement of the transplantation procedure at Belle Vue Clinic, regardless of weekends. This ruling underscores the judiciary's commitment to ensuring compliance with statutory obligations, prioritizing patient welfare over bureaucratic hurdles.
Bottom Line:
Transplantation of Human Organs and Tissues Act, 1994 - Authorization Committee's refusal of renal transplantation request deemed unlawful when donor voluntarily agrees on humanitarian grounds with no financial transactions involved, urgent medical need emphasized.
Statutory provision(s): Transplantation of Human Organs and Tissues Act, 1994 Section 9(3).
Niraj Kumar Sonthalia v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2865596
