IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Favas Kozhikkaruvattil, S/o.Soopi – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
N.NAGARESH, J.
The 1st petitioner is a Kidney patient. The 2nd petitioner is a donor. The 2nd petitioner proposes to donate Kidney to the 1st petitioner. Exts.P10 and P11 applications were submitted for authorisation for unrelated renal transplantation under the TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT , 1994. The application was rejected as per Ext.P12 order of the District Level Authorisation Committee for transplantation of human organs. The petitioners filed Appeal by way of Ext.P14. However, the Government rejected the Appeal as per Ext.P15 order. The petitioners would submit that the Appeal was rejected without considering any of the grounds urged by the petitioners and without giving an opportunity of hearing.
2. Counsel for the petitioners submitted that neither the 3rd respondent nor the 2nd respondent has considered Ext.P1 Altruism Certificate issued by the District Police Chief after conducting due enquiry and investigation. Investigation was conducted through local police. Ext.P1 would indicate that the proposed organ donation is upon free will of the donor without any compulsion, influence or intent of reward or consideration.
3. The local MLA has issue
The court mandated a reconsideration of the kidney donation application, emphasizing the importance of establishing altruism and ensuring due process in the hearing.
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 altruistic organ donations must not be denied based solely on financial disparities, requiring thorough evaluation by the Authorisation Committee to prevent arbitrary reject....
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 established that a Certificate of Altruism is not mandatory for organ transplantation approval, emphasizing the authority of the Authorization Committee in decision-making.
The court emphasized the necessity for independent decision-making by authorities in organ donation cases, mandating clear reasoning for rejections to uphold the right to life and health.
Altruistic organ donation requires evidence of emotional connection; financial motivations taint validity of consent.
The court ruled that the rejection of organ donation authorization lacked sufficient justification, emphasizing the need for credible evidence of altruism and allowing for further medical examination....
The authorities must provide clear reasoning for rejecting organ transplantation applications to ensure transparency and accountability, especially when health rights are at stake.
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....
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