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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J.
Akhil P.V., S/o. Velayudhan P.V. & Ors. - Petitioners
Versus
The State of Kerala, Represented by the Secretary, Health and Family Welfare Department & Ors. - Respondents
WP(C) No.12074 of 2025
Decided On : 09-05-2025
(A) The Transplantation of Human Organs and Tissues Act, 1994 - Requirement for a certificate of altruism for kidney donation - The petitioners sought to process a joint application for kidney donation, with the 1st petitioner being a chronic kidney patient and the 2nd petitioner agreeing to donate her kidney. The court directed the 3rd respondent to forward the application without the certificate of altruism and outlined the subsequent steps for the DLAC to determine if such a certificate is necessary. (Paras 1-5)
(B) Writ Jurisdiction - The court emphasized the need for timely processing of applications related to organ donation and the importance of not delaying the procedure unnecessarily. (Paras 4-5)
Facts of the case:
The petitioners filed a writ petition indicating the 1st petitioner’s chronic kidney condition and the 2nd petitioner’s willingness to donate her kidney. The application was returned due to defects, prompting the petitioners to seek judicial intervention.
Findings of Court:
The court ordered the 3rd respondent to forward the applications to the DLAC without the certificate of altruism and set timelines for the DLAC's response regarding the necessity of the certificate.
Issues: The main issue was whether the requirement for a certificate of altruism could be waived in this case.
Ratio Decidendi: The court ruled that the application should be processed without the certificate initially, allowing the DLAC to determine its necessity, thereby facilitating the organ donation process.
Result: Writ petition disposed of with directions.
JUDGMENT :
1. The petitioners have filed the captioned writ petition, pointing out that the 1st petitioner herein is a chronic kidney patient and that the 2nd petitioner has voluntarily agreed to donate her kidney to the 1st petitioner and further that the respondents are insisting on production of a certificate of altruism for processing the joint application filed by the petitioners.
2. This Court notices that, on 27.03.2025, it was pointed out on behalf of the 3rd respondent that the joint application was returned since the same was defective, permitting the petitioner to resubmit the same and move this writ petition.
3. This Court further notices that the requirement for a certificate of altruism is to be considered by the Authorization Committee – the 2nd respondent herein, if necessary.
4. In the result, this writ petition would stand disposed of with the following directions;
i. The 3rd respondent – Chairman/Medical Director of the Local Level Committee for Renal Transplantation of the Hospital concerned, will forward the applications of the petitioners, along with all necessary documents, except 'Certificate of Altruism', to the 2nd respondent - DLAC; and this shall be done within a period of one week from the date of receipt of a copy of this judgment.
ii. On the afore applications reaching the 2nd respondent - DLAC, its competent Authority will notify the petitioners and inform them whether they have to obtain a ‘Certificate of Altruism’ from the concerned Police Authority.
iii. If the DLAC is to find that no such Certificate is required in these cases, they will complete the processes, leading to necessary permissions to be granted to the petitioners, within a period of one month thereafter.
iv. However, if, on the contrary, the DLAC is to find that Certificates of Altruism' are required to be obtained by the petitioners, they will intimate them of such within a period of two weeks from the date on which they receive applications from the 3rd respondent; upon which, the petitioners will be required to obtain the same and produce it before the said Authority, as per law.
v. On the afore being done, the DLAC will take a final decision on the petitioners' request, within a period of one month from the date on which such Certificate is produced.
5. Needless to say, if the 2nd respondent calls upon the petitioners to obtain a 'Certificate of Altruism’, the 4th respondent – Assistant Commissioner of Police, or such other competent Authority, will act upon the applications for such to be made before them; and will issue necessary certificates without any avoidable delay, but not later than two weeks from the date on which it is received by them, after making all necessary enquiries.
The court ruled that the requirement for a certificate of altruism for kidney donation may be waived, allowing timely processing of applications for organ transplantation.
The court established that a Certificate of Altruism is not mandatory for organ transplantation approval, emphasizing the authority of the Authorization Committee in decision-making.
A Certificate of Altruism is not mandatory for processing kidney donation applications, ensuring timely consideration by the Authorization Committee.
Routine police verification for altruism certificate not mandatory; Authorization Committee to decide necessity.
Procedural compliance in organ transplantation requires efficient processing of applications and adherence to legal verification.
The court mandated a reconsideration of the kidney donation application, emphasizing the importance of establishing altruism and ensuring due process in the hearing.
The District Level Authorization Committee for organ transplantation is the primary authority to evaluate altruistic intent in unrelated donors; routine police verification for a 'Certificate of Altr....
The requirement for evidence of altruism in organ donation applications must be strictly adhered to, with appropriate certifications sought by authorities.
A Certificate of Altruism is not mandatory for the acceptance of applications for organ transplantation, allowing for procedural flexibility in the authorization process.
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