Gujarat HC: Right of Life Should be Given Priority Over Domicile Certificate Rule

Debangana Ray

Published on July 27, 2022 at 21:06 IST

The Gujarat High Court showed concern regarding authorities insisting on a domicile certificate from an NRI to add her to a kidney transplant waiting list.

Not wanting to delay a transplant due to her critical condition, Canadian Citizen Himali Ajmera approached the court for directions to the authorities for quick issuance of domicile certificate so that her name is registered in the waiting list.

At the hearing, Justice A S Supehia chided the authorities and questioned whether the domestic certificate rule was above Article 21 of the constitution which guarantees Right to life.

As Ajmera intends to get the transplantation done in a private hospital in the city, the court directed the State Organ and Tissue Transplantation Organisation and the Hospital’s superintendent to give provisional permission to her and include her name in the register or list maintained for kidney Transplantation.

Ajmera had applied for domicile certificate which was denied by the police. Her lawyer submitted that her condition was critical and urgently required a donor.

The court stated that “The demand for a domicile certificate as per the guidelines cannot obscure or eclipse the sovereignty and supremacy of Article 21 of the Constitution of India when the life of a human being is at stake.

“All the formalities will pale into insignificance, if a human being loses his life”.

The Court issued notice to all authorities concerned and posted further hearing on 29th July.

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