Introduction:

In a groundbreaking decision, the Madhya Pradesh High Court has affirmed an individual’s right to donate a part of their liver tissue to ailing family members, even when faced with strong objections from their spouse. Justice Raj Mohan Singh emphasized the donor’s autonomy, stating that the individual is the “master of his own choice” and cannot be subjected to intrusive actions, even by a spouse. The ruling addresses the conflict between individual rights and societal norms, highlighting the importance of prioritizing an individual’s decision to save a family member’s life.

Arguments of Both Sides:

The petitioner, seeking to donate liver tissue to his ailing brother, faced objections from his wife, who aimed to preserve their marital status and expressed apprehensions about the consequences of the transplant. The State Hospital, Respondent No.2, cited the objection as a hurdle in the transplantation process, relying on Organs Transplantation Rules, 2014. The petitioner’s counsel argued that the consent of the wife should not be mandatory for organ donation, especially when compliance with legal requirements has been met.

Court’s Judgment:

Justice Raj Mohan Singh, quoting French Philosopher Albert Camus, emphasized individual freedom and rebellion against an unfree world. The court ruled in favor of the petitioner, asserting that the wife’s objection cannot override the donor’s intention to save his brother’s life. The court issued a writ of mandamus directing the hospital to proceed with the liver transplantation, ignoring the spousal objection. The judgment underscores the voluntary nature of organ donation and rejects societal norms compelling individual behavior.