Back
P. V. KUNHIKRISHNAN
Radhakrishna Pillai S/o Gopinathan Pillai – Appellant
Versus
District Level Authorization Committee for Transplantation of Human Organs Ernakulam, Ernakulam Medical College Hospital – Respondent
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 Authorisation Committee must provide reasoned decisions in organ transplantation cases, ensuring transparency and adherence to natural justice principles, especially when the decision affects the....
Point of Law : Transplantation of organ - Police report is to be analysed along with other criteria mentioned in the Act, 1994 and the Rules, 2014, and if the competent authority decides to reject th....
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
