Supreme Court Orders Kidney Transplant for Bhutanese Refugee
Summary
The Supreme Court has ordered Aashwini Medical College & Hospital to proceed with a kidney transplant for Bhutanese refugee Sara Gajmer in Beldangi, Jhapa. The court said medical treatment cannot be denied on humanitarian and constitutional grounds, even for non-Nepali refugees.
Key Points
- A joint bench of the Supreme Court issued a mandamus to Aashwini Medical College & Hospital to carry out the kidney transplant of Bhutanese refugee Sara Gajmer.
- The hospital had refused the procedure, citing the lack of a clear legal provision for refugees under the Human Body Organ Transplant (Regulation and Prohibition) Act, 2055.
- The Supreme Court ruled that the right to life and health applies to every person and cannot be denied by a literal reading of the law in a life-and-death medical case.
- The court said the patient's deteriorating condition required the hospital to complete the necessary legal procedures and provide the transplant.
