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Karnataka HC Sets Aside Condition Requiring Organ Donor to Obtain Consent From Her Estranged Father for Transplant

The Karnataka High Court has set aside a condition imposed on an organ donor by the State Level Authorization Committee for Organ Transplant, requiring her to furnish the consent of her “estranged father” for the intended kidney transplant. While directing the authority to decide the application for sanction expeditiously, the single bench of Justice Nataraj Rangasway said, “Action of the Respondent No. 1 requiring the Petitioner No. 2 [Organ donor] to furnish the consent from her estranged father tantamount to imposing an onerous condition which cannot perhaps be complied.” The court also directed the authority to decide the application filed by the petitioners within seven days. It said, “Having regard to the fact that the petitioner no.1 is stated to be on dialysis for more than three years, the respondent no.1 is requested to expedite the decision within seven days from the date of the receipt of a copy of this Order.”

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