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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
Akhil P.V., S/o. Velayudhan P.V. – Appellant
Versus
State of Kerala, Represented by the Secretary, Health and Family Welfare Department – Respondent
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 with
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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