Spousal consent not required by wife to donate organ: Delhi High Court

NEW DELHI: The Delhi High Court on Monday said 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.

Justice Yashwant Varma, while dealing with a petition by a woman who wanted to donate her kidney to her father, stated that the applicable rules did not mandate any “spousal consent” in 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.

"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.

The petitioner's application may be duly examined and placed before the competent authority, ordered the court as it disposed of the petition.

The petitioner told the court that while she was willing to donate her kidney to her ailing father, her application was not being processed by the concerned hospital for want of a NOC from her husband.

She added that the relationship with her husband was estranged and such a requirement cannot be met.