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CHAKRADHARI SHARAN SINGH
Shambhu Nath @ Shambhoo Nath – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Chakradhari Sharan Singh, J. - This matter relates to transplantation of kidney, which the petitioner No.1 requires and petitioner No. 2, it has been claimed, is willing to donate for the said purpose. The petitioner No. 1 has accordingly been described as 'the proposed Recipient' and petitioner no.2 as 'the proposed Donor' for the purpose of present judgment and order.
2. This writ application under Article 226 of the Constitution of India has been filed jointly by the proposed Donor and the proposed Recipient seeking direction to the respondents for recommending/forwarding their case to the Authorization Committee of Patna Medical College and Hospital, Patna, for granting 'No Objection Certificate' for transplantation of kidney as the private hospital, namely, Paras HMRI Hospital, Bailey Road, Patna (Respondents No. 6 to 8), where the proposed Recipient was undertaking treatment for renal disorder, has refused the request for transplantation of kidney, which the proposed Donor has willingly agreed to donate. The petitioners also seek a direction to start pre-transplant treatment/medical test in respect of proposed Donor for donation of kidney in order to save the life of p
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 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 burden of proof for altruistic organ donation lies with the applicants, and the Authorisation Committee must consider all relevant factors without presuming commercial intent.
The Act and Rules do not prohibit organ donation by individuals with criminal antecedents, and the Authorization Committee should adopt a pragmatic approach and expedite the decision-making process.
Sub-section (3A) (a) and (b) of Section 9 of the Transplantation of Human Organs and Tissues Act, 1994 to the extent it permits Swap Transplants only in cases of near relatives and curtails the power....
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