Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 allows for permission for organ transplantation in the case of unrelated donors, and the notified hospitals should forward such proposals to the Authorisation Committee.

JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus to direct the respondents 2 and 3 to permit any approval hospital to forward the petitioner’s request made through representation dated 18.01.2021 to the Authorisation Committee for Organ Transplant, Tamil Nadu Directorate of Medial Education, for approval of a second Kidney transplant with one Mr.S.Naryanan being an unrelated Donar.

1. Heard Mr.K.S.Viswanathan, learned counsel for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader accepts notice on behalf of the respondents.

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 2 and 3 to permit any notified hospital to forward the petitioner’s request made through his representation dated 18.01.2021 to the Authorisation Committee for Organ Transplant, Tamil Nadu Directorate of Medical Education for approval of a second Kidney transplant with one Mr.S.Naryanan, being an unrelated Donor.

4. The petitioner seeks to undergo second Kidney transplantation from a notified hospital. The donor for the said Kidney transplant is Mr.S.Narayanan, an unrelated donor. The supporting affidavit of the unrelated donor Mr.S.Narayanan has also been filed by the petitioner in this Writ Petition.

5. The petitioner seeks organ donation from an unrelated donor, for which permission is required. Whenever the donor is an related donor, 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 18.01.2021 to the respondents 2 and 3, who are the authorised Committee under the Act and its Rules to give permission for Organ donation. In the petitioner’s representation, he has sought for permission to direct the respondents to direct Madras Medical Mission Hospital or any other notified Hospital to forward the petitioner’s proposal to the second and third respondents for approval of the petitioner’s second Kidney transplantation from the donor, viz., Mr.S.Narayanan. Since the representation 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. The case of the petitioner is that generally all notified hospitals are reluctant to consider proposals for Organ transplantation through unrelated donors by way of abundant caution.

10. The petitioner is seeking for second Kidney transplantation. He claims that he is aware of all the procedures relating to Organ transplant