Organ donation: No NOC for kin
The Maharashtra government on Friday informed the Bombay high court that henceforth another state need not tender a “no objection certificate” (NOC) if both parties — donors and recipients of an organ transplant — are immediate family members and do not have a domicile of Maharashtra.
A division bench of Chief Justice Mohit Shah and Justice Anoop V. Mohta was hearing a PIL filed by nephrologist Dr Bharat Shah. The PIL had sought the amendment in the clause that stated that if a donor and a recipient are close relatives, such an approval is required. It had said that in most cases a delay is caused due to the trouble one has to go through to get such approvals. Previously during an organ transplant procedure being conducted in the state, the donor and recipient needed to provide an NOC from their original state if they did not have the domicile of Maharashtra. However, the state government on Friday informed the court that Clause 15 had been amended and an NOC will no longer be required.
The amendment is pursuant to an order of high court dated January 18, 2012 allowing an intra-family transplant from Chhattisgarh in Mumbai. In the order, the court had laid down that in the event of an organ transplant within immediate relatives, an approval from the state government from the applicants is not required.
Additional government pleader G.W. Mattos said that the amendment has been done pursuant the HC’s order, and also the Centre’s clarification that an NOC is not required.
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