KATHMANDU, Dec 11: A writ petition has been filed in the Supreme Court, arguing that the right to life is being violated by a legal provision restricting human organ donation. The existing legal provision allows only specific relationships as close relatives, including son, daughter, mother, father, brother, sister, uncle, nephew, niece, grandfather, grandmother from the father’s side, grandson, granddaughter from the son’s side, grandson, granddaughter from the daughter’s side to donate organs to the needy people.
Khem Bahadur Chantyal, along with law students David Chaudhary and Osnic Poudel, filed the petition, contending that the provision conflicts with the constitutional right to live freely. They have demanded the Supreme Court annul the prohibition on organ donation outlined in the Human Organ Transplantation (Regulation and Prohibition) Act of 1998.
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The petitioners have sought the abolition of the prohibition on organ donation stipulated in the Human Organ Transplantation (Regulation and Prohibition) Act of 1998. Section 14 (a) of the Human Organ Transplantation (Regulation and Prohibition) Act 1998 states only close relatives of the patient can be involved in organ donations.
The Act recognizes only specific relationships as close relatives, including son, daughter, mother, father, brother, sister, uncle, nephew, niece, grandfather, grandmother from the father’s side, grandson, granddaughter from the son’s side, grandson, granddaughter from the daughter’s side. Additionally, it encompasses husband, wife, adopted son, adopted daughter, stepmother, stepfather, father-in-law, and mother-in-law, with whom a continuous relationship has been maintained for at least two years.
They filed a lawsuit saying that this provision in the law does not allow for the exchange of human organs from relatives and well-wishers, which is a violation of the patient’s right to live. They have demanded the abolition of the provision of the Act as it conflicts with the provisions of Article 35 of the Constitution, which states that every citizen shall have the right to basic health services free of charge.
The hearing for the petition has been scheduled for December 15.
