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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
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 to donate their kidneys in favour of the corresponding first petitioners. But the donors who have given consent for transplantation are not “near relatives.” Hence, prior approval from the Authorisation Committee (first respondent) is statutorily required in each case. The hospital is hesitant to forward the papers to the Authorisation Committee for taking appropriate decision. In these circumstances, the present writ petitions came to be filed.
3. The learned counsel appearing for the petitioners reiterated all the contentions set out in the affidavit filed in support of the writ petitions and called upon this Court to grant relief as prayed for. My attention was drawn to the order dated 17.04.2024 made in W.P.No.9306 of 2024. A learned Judge of this Court had directed the hospital concerned to forward the papers/medical summary alon
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....
Disparity in financial position between donor and recipient cannot alone imply a commercial transaction; motivations must be established based on affection and attachment.
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