The Aurangabad Bench of Bombay High court bench comprising of Justice R M Borde and Justice Vibha Kankanwadi on Thursday denied permission to allow a mentally-challenged individual to donate his a kidney donor to his younger brother.

The kidney recipient, who recently completed MBBS, is a petitioner in the case along with other family members, including his parents and two siblings. Pronouncing the decision after going through the medical examination report and interview of the donor. As per the provisions of the Transplantation of Human Organs and Tissues Act, 1994, the donation of any part of the human body is prohibited by a person who is mentally-challenged. 

The court in the past hearing had ordered to conduct a medical examination of the donor through Psychiatrist Dr Vinay Barhale and had ordered to file the report till December 14.
 

In the report, the doctor mentioned that the Kidney donor is not in a position to make a choice regarding the donation of his organ. The justices also conducted a personal interview of the donor to ascertain whether he is able to make any decision. Earlier the decision on the petition was kept reserved. Advocates Prabhakar Joshi, Arvind Joshi and V P Golewar represented the petitioners and chief government lawyer Amarjeetsingh Girase, assistant government lawyer Swapnil Joshi represented the government.