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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
B. Shyam – Appellant
Versus
State of Tamil Nadu Rep. by its Secretary to Government, Heath and Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. documented history of applicants and their relationship (Para 1 , 2 , 3 , 4 , 6) |
| 2. clarification of rules governing transplantation (Para 7 , 8 , 10) |
| 3. importance of genuine donor assessment and proper guidelines (Para 12) |
| 4. mandatory consideration of altruism and non-commercial intent (Para 13 , 14 , 15) |
| 5. order to grant approval for transplantation (Para 16 , 17) |
ORDER :
P.T. ASHA, J.
1. The petitioners seeks to quash the rejection of their application seeking transplantation and to direct the respondent to grant approval for human transplantation of an organ from the 2nd petitioner to the 1st petitioner by considering their application in Form 11 dated 22.11.2025.
2. The short facts which have culminated in the filing of the above Writ Petition are as follows:-
3. The 1st petitioner is suffering from chronic kidney decease stage V. The 2nd petitioner who is the brother of the petitioner’s maternal Aunt’s husband had come forward to offer his organ and the petitioners have together submitted an application dated 22.11.2025 under Form-11 of the Transplantation of Human Organs and Tissues Rules, 2014 (hereinafter referred to as the “Rules”) enclosing all the attendant
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.
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 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 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.
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.
Natural justice principles mandate that applicants must be given an opportunity to explain their case, particularly in organ donation applications without evidence of commercial motives.
The court emphasizes the necessity for clear evidence of altruism in organ donation, rejecting unjustified refusals based on suspicion without substantial evidence.
The authorities must provide clear reasoning for rejecting organ transplantation applications to ensure transparency and accountability, especially when health rights are at stake.
The competent authority in organ transplantation must evaluate cases with near relatives and ensure approval is not unjustifiably required, reaffirming the necessity for proper assessment based on me....
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