Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 allows for permission for organ transplantation through unrelated donors, and the hospital is obligated to forward the proposal to the authorization committee.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant approval and permission for urgent kidney transplant surgery.)

1. Heard Mr.T.P.Maurya, learned counsel for the petitioner. Mr.K.Parameshwaran, learned Government Advocate accepts notice for the first respondent and Mr.Devie Soccalingammee, learned Government Advocate accepts notice for the second respondent.

2. By consent of both the parties, this Writ Petition is taken up for final disposal.

3. This Writ Petition has been filed for a mandamus seeking for a direction to the respondents to grant approval and permission for urgent kidney transplantation surgery.

4. The petitioner seeks to undergo Kidney transplantation from the fourth respondent, which is a notified hospital. The donor for the said Kidney transplant is Mrs.M.Geetha, who is one of the distant relative of the petitioner but not a near relative as defined under Section 2 (i) of the Transplantation of Human Organs and Tissues Act, 1994. The supporting affidavit of the unrelated donor Mrs.M.Geetha has also been filed by the petitioner in this Writ Petition.

5. Under law, permission is required, whenever the donor is not a near relative, permission has to be obtained under Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014.

6. Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 deals with cases where the donor is an unrelated donor. The Transplantation of [Human Organs and Tissues], Act, 1994 and its Rules have been enacted to prevent commercial exploitation of human organ donation.

7. It is the case of the petitioner that generally all notified hospitals are reluctant to forward the request made for organ donation from unrelated donors to the authorised committee as per Rule 19 of the aforementioned Rules. In such circumstances, the petitioner has given a representation on 25.01.2021 to the 4th respondent/hospital, to forward the medical records of the petitioner to the appropriate authority for approval of kidney transplantation and do the kidney transplantation operation at an early date from the donor, viz., Mrs.M.Geetha. Since the said request has not been considered, the petitioner has approached this Court under Article 226 of the Constitution of India.

8. Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 reads as follows:

“Procedure in case of transplant other than near relatives:-

Where the proposed transplant is between other than near relatives and all cases where the donor or recipient is foreign national (irrespective of them being near relative or otherwise), the approval will be granted by the Authorisation Committee of the hospital of if hospital based Authorisation Committee is not constituted, then by the District or State level Authorisation Committee.“

9. As seen from the aforementioned Rule, either the Authorisation Committee of the hospital or if the hospital based Authorisation Committee is not constituted, the District or State Level Authorisation Committee can grant permission for Organ transplantation in the case of unrelated donors.

10. The petitioner is seeking for Kidney transplantation at the 4th respondent hospital, but however, the hospital is reluctant to forward the proposal for Organ transplantation through unrelated donors to the authorisation committee. In such circumstances, he has given a representation to the 4th respondent requesting them to prepare and forward medical records to the appropriate authority for approval of kidney transplantation for the petitioner through Mrs.M.Geetha, being an unrelated donor at the earliest. As seen from the affidavit filed in support of the writ petition, the petitioner is presently undergoing dialysis twice a week. Being a kidney transplantation, the petitioner-s representation will have to be considered with utmost urgency.

11. Rule 19 of the Transplantation of Human Organs and Tissues Rules, 201