Hyderabad, August 11: The Telangana High Court on Tuesday directed a hospital to perform kidney transplant of a man without his wife's consent. Spousal consent is mandatory for organ transplantation. However, Justice Amarnath Goud of Telangana High Court granted special exemption to the petitioner on grounds that he and his wife were estranged and no longer on talking terms. Telangana High Court Extends Stay on Secretariat Demolition.
Venkat Naren Karlapalem, a resident of Ramakrishnapuram, was ready to donate kidney to his sister Madhuri who was facing chronic renal failure. But Apollo Hospitals did not perform scheduled kidney transplant on July 30 and sought his wife's signature on the consent form. Venkat and his wife have separated and their divorce is pending in a court. Telangana High Court Directs State Government Not to Stop Any Ambulances Carrying COVID-19 Patients at Borders.
The brother-sister duo then approached the High Court seeking directions to the hospital to perform kidney transplant. "We did try to obtain the consent of the donor’s wife, but she blocked our calls after coming to know about the purpose. It is unlikely she will convey her consent," their counsel informed the court.
The court was informed that Venkat was examined by the hospital and he was found fit for kidney donation. The counsel cited the Telangana Transplantation of Human Organs Act, 1995, to underline that Venkat also fitted the definition of "near relative", Times of India reported. The petitioner also argued that there was no requirement of consent from his wife if no commercial elements were involved in kidney transplantation.
Taking cognisance of the critical situation, the Telangana High Court said just because Venkat's wife is not giving consent, Madhuri should not be denied a kidney from her willing donor brother. It also directed the Apollo Hospitals Authorisation Committee of Transplantation of Human Organs to carry out the kidney transplantation.
(The above story first appeared on LatestLY on Aug 11, 2021 09:25 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).