Kidney donation can also be taken from uncle-in-law
KATHMANDU: SEPT. 1 – The Supreme Court has further clarified the legal provisions regarding persons who can donate kidneys. The Supreme Court has ‘broadly explained’ the Human Organ Transplantation Act and has also made arrangements to take kidney donations from uncle-in-law.
A bench of justices Deepak Kumar Karki and Kumar Chudal elaborated on the provisions of the Human Organ Transplantation Act regarding close relatives and decided to donate kidneys from uncle-in-law.
A patient from Jhapa has been told by the Human Organ Transplant Centre (Shahid Dharma Bhakta Hospital) in Bhaktapur that she is not allowed to accept the kidney donation of her uncle-in-law after that Supreme Court has decided to take the kidney of uncle-in-law.
Although the centre agreed to donate the kidney, the uncle refused to do the kidney transplant saying that it did not fall under the definition of a close relative as per the provisions of the In-Laws Act.
In a writ petition filed by the patient in the Supreme Court against the hospital’s statement, a bench of Justices Karki and Chundal ruled that the uncle-in-law could also receive a kidney donation.
The Supreme Court has ordered the bench to reverse the Centre’s decision to allow kidney donation.
The bench also ruled that there was no basic reason to stop the donation as the uncle-in-law had agreed to donate the kidney. Similarly, in the case of human organ transplants, it has been ordered to make wide legal arrangements in relation to close relatives and to carry out ‘medical procedures’.
