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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN
Sudha Mathesan – Appellant
Versus
Authorisation Committee (Transplantation), Rep. by its Chairman, Coimbatore Medical College of Hospital – Respondent
| Table of Content |
|---|
| 1. consent required for kidney transplantation. (Para 1 , 2) |
| 2. petitioner's arguments regarding hospital procedures. (Para 3 , 4 , 5) |
| 3. overview of the transplantation act and its provisions. (Para 6 , 7 , 8) |
| 4. informed consent requirements for organ donation. (Para 9 , 10 , 11) |
| 5. enquiry procedures by authorisation committee. (Para 12 , 13 , 14 , 15) |
| 6. burden of proof on applicants for non-relative donations. (Para 16 , 17 , 18 , 19) |
| 7. role of evidence in assessing donor's motives. (Para 20 , 21 , 22) |
| 8. compensation for altruistic donors is non-commercial. (Para 23 , 24) |
| 9. insurance coverage and guarantees for donors. (Para 25 , 26) |
| 10. obligations of the authorisation committee for donor care. (Para 27) |
| 11. direction for application process by petitioners. (Para 28) |
| 12. conclusion and order of writ petitions. (Para 29) |
ORDER :
1. All these writ petitions are disposed of by a common order since the issues raised therein are identical.
2. The first petitioners in these writ petitions were admitted for renal failure in the second respondent hospital. They are undergoing regular dialysis. Kidney transplantation is the only solution. The second petitioners have come forward
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....
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 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 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 Authorisation Committee must provide reasoned decisions in organ transplantation cases, ensuring transparency and adherence to natural justice principles, especially when the decision affects the....
Altruistic organ donations should not be rigidly restricted by familial definitions; the intent behind donation is critical for approval under the Transplantation of Human Organs and Tissues Act.
Sub-section (3A) (a) and (b) of Section 9 of the Transplantation of Human Organs and Tissues Act, 1994 to the extent it permits Swap Transplants only in cases of near relatives and curtails the power....
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