JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. According to the District Level Authorization Committee for transplantation of Human Organs, Ernakulam, a person who came forward to donate his kidney to a needy patient cannot donate the same because he is involved in multiple criminal offences. I perused the entire provisions in Transplantation of Human Organs and Tissues Act, 1994 (for short ‘Act 1994’) and The Transplantation of Human Organs and Tissues Rules, 2014 (for short ‘Rules 2014’). I see no provision in the Act and Rules to support the stand of the respondent. The Government Pleader also conceded the same. If this stand of the respondent is allowed, I apprehend that, the respondent will reject such applications for permission to donate organs even on the ground that, the donor is a murderer, thief, rapist, or involved in minor criminal offences. I hope, they will not reject the applications because the donor is a Hindu, Christian, Muslim, Sikh, or person in a lower caste after comparing with the religion and caste of the recipient.

2. The short facts of the case are like this:

The 1st petitioner is a kidney patient. He is undergoing treatment for his kidney problem at the Medical Trust