Mother-in-law now included in "near relative" category for kidney donor swaps under the Transplantation of Human Organs and Tissues Act, 1994.
In a significant judgment, the Punjab and Haryana High Court has expanded the definition of "near relative" under the Transplantation of Human Organs and Tissues Act, 1994, to include a mother-in-law in the context of organ donation swaps. The ruling comes in response to petitions filed by Anil Kumar and Harjit Singh, both suffering from kidney ailments and seeking permission for swapping kidney donors.
The court's decision, delivered by Justice Jagmohan Bansal, addressed the petitioner’s request for approval to swap donors after the Authorization Committee initially rejected their plea on grounds that a mother-in-law does not fit the statutory definition of "near relative". The petitioners, who were unable to receive kidneys from their respective donors due to blood group mismatches, sought to swap their donors to facilitate the transplants.
Justice Bansal emphasized the need for a purposive interpretation of the term "near relative" considering the societal context and the object of the Act. He noted that the expression "means" used in the definition is not exhaustive and can be interpreted to include other relatives like a mother-in-law, especially given the prevailing urban family structures where familial support is often inclusive of in-laws.
The judgment referenced previous cases, including Ajay Mittal v. Union of India, and Supreme Court interpretations that support a broader reading of statutory terms to align with societal changes and legislative intent. The court found that the exclusion of a mother-in-law would contradict the humanitarian and practical objectives of the Act, which aims to facilitate life-saving organ transplants without commercial exploitation.
Justice Bansal directed PGIMER to proceed with the transplantation procedure subject to legal and medical formalities, noting that the petitioners met the criteria set under Rule 7(3) of the 2014 Rules, which govern non-relative organ donations.
This landmark ruling is poised to impact future cases involving organ donation swaps, providing relief to patients facing similar familial and medical circumstances.
Bottom Line:
Transplantation of Human Organs and Tissues Act, 1994 - Definition of "near relative" under Section 2(i) includes spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, and granddaughter - "Near relative" interpreted purposively to include mother-in-law in urban population context for swapping of donors under Section 9(3-A).
Statutory provision(s): Transplantation of Human Organs and Tissues Act, 1994 - Sections 2(i), 9(3), 9(3-A), Rule 7(3), Rule 7(4).
Anil Kumar v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2869398
