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G. S. PATEL, NEELA GOKHALE
Prasanna Laxmikant Joshi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
G.S. Patel J.
1. Rule. By consent, Rule returnable forthwith and the Petition is taken up for hearing and final disposal. The 3rd Respondent is served. She is not present. An Affidavit of Service is to be filed in the Registry by Tuesday, 2nd May 2023.
2. This is a case of an organ donation being opposed by the estranged spouse of the donor. The two Petitioners are brothers-in-law. Prasanna, the 1st Petitioner is the proposed organ recipient. His proposed donor is the 2nd Petitioner, Dinesh. The 3rd Respondent, Shreya is Dinesh’s estranged spouse.
3. Prasanna is a senior citizen. He suffers from end-stage renal disease. The kidney issue was first diagnosed in 2018. The 2nd Respondent is the Regional Authorisation Committee for approval of organ transplants through the Medical Superintendent of the BJ Government Medical College and Sassoon Dental Hospital, Pune.
4. There is a governing statute for cases like these and this is the Transplantation of Human Organs and Tissues Act, 1994 (“the Act”). The Petition assails an appellate order of 15th March 2023 upholding an order of 24th February 2023 passed by the 2nd Respondent declining to approve the proposed kidney donation by Di
The Authorisation Committee must provide reasoned decisions in organ transplantation cases, ensuring transparency and adherence to natural justice principles, especially when the decision affects the....
The court emphasized that kidney transplantation from non-near relatives requires the Authorisation Committee's prior approval to prevent commercial dealings, underscoring altruistic motives in organ....
The court ruled that the rejection of an organ donation application based on suspected financial exploitation without adequate evidence is arbitrary, emphasizing that altruistic intent must be evalua....
The court emphasized that altruistic organ donations must not be denied based solely on financial disparities, requiring thorough evaluation by the Authorisation Committee to prevent arbitrary reject....
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