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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN
Minor Atonu Saha S/o. Sree Akhil Kumar Saha – Appellant
Versus
State of Tamil Nadu – Respondent
Order :
G. R. SWAMINATHAN, J.
The writ petitioners 2 and 3 are the mother and father of the first petitioner. They are citizens of Bangladesh. The first petitioner has renal issues and is presently on dialysis. Since medical facilities in Bangladesh were not found to be adequate, the writ petitioners have come down to Chennai on medical visas to avail better treatment.
2. The first petitioner was admitted in the Apollo Hospital, Chennai. The nephrologists diagnosed his condition as “end-stage renal chronic kidney disease”. He advised the first petitioner to undergo kidney transplantation in November 2025 itself. Due to unstable political conditions then prevailing in Bangladesh, the petitioners were unable to obtain what is known as the “e-Apostille certificate” from the Ministry of Foreign Affairs. The said certificate was obtained on 15.02.2026. The second petitioner who is the mother of the first petitioner had come forward to donate one of her kidneys. The requisite compatibility tests were undertaken and it was opined that the second petitioner can very well donate her kidney. However, for doing so, prior approval of the second respondent Authorisation Committee was required. Hen
Disparity in financial position between donor and recipient cannot alone imply a commercial transaction; motivations must be established based on affection and attachment.
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 Authorisation Committee must provide reasoned decisions in organ transplantation cases, ensuring transparency and adherence to natural justice principles, especially when the decision affects the....
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