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NITIN JAMDAR, S. MANU
Ismail Kunju M – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
Nitin Jamdar, C. J.
Appellant No.1 is a renal patient undergoing dialysis for six years. The Doctors treating Appellant No.1 advised him to undergo immediate renal transplantation as his health condition is deteriorating rapidly. A medical certificate has been issued to Appellant No.1 by one of the hospitals approved for kidney transplantation in the State of Kerala. Organ transplantation surgery is crucial for Appellant No.1 due to his kidney failure, which has reached end-stage renal disease. Appellant No.2 has volunteered to donate one of her kidneys to Appellant No. 1 for transplantation.
2. The regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes is governed under the Transplantation of Human Organs and Tissues Act, 1994 (Act of 1994). In exercise of the powers conferred by Section 24 of the Act of 1994 and in supersession of the Transplantation of Human Organs Rules, 1995, the Transplantation of Human Organs and Tissues Rules, 2014 (Rules of 2014) have been framed. Rules prescribe an application to be made in cases of living donor transplantation, which has to be examined by an Authorisation Commi
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.
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....
The authorities must provide clear reasoning for rejecting organ transplantation applications to ensure transparency and accountability, especially when health rights are at stake.
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