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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN
Rita Chaurasiya W/o. Ratan Lal Chaurasia – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
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| 1. the court identifies the procedural conflict where the donor's maternal relationship was questioned, delaying urgent medical transplant. (Para 1 , 2 , 3) |
| 2. the court reinforces that altruistic donations among near relatives should not be obstructed without evidence of commercial transaction. (Para 4 , 5) |
| 3. documentary proof such as birth and identity certificates suffices to establish relationship, negating the need for further invasive dna testing. (Para 6 , 7 , 8 , 9) |
ORDER :
G. R. SWAMINATHAN, J.
Heard both sides.
2. In the present case, since the 2nd petitioner herein has renal issues and requires emergent Kidney transplantation, he has come down to Chennai to undergo the requisite procedure in the 3rd respondent Hospital. The 1st petitioner, who is none other than the mother of the 2nd petitioner has come forward to donate one of her Kidneys. Therefore, necessary applications were placed before the 2nd respondent/Authorization Committee. The Authorization Committee did not grant approval on the ground that the relationship between the Donor and the Patient has not been established. Challenging the stand of the Authorization Committee, the present writ petition h
When documentary evidence, such as birth certificates and identity documents, clearly establishes a parental relationship, the Authorization Committee cannot unreasonably reject a live kidney donatio....
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.
Authorization Committee not required to re-evaluate medical fitness of donor where competent authority has already certified fitness under Rule 2(c) for genetically related donor-recipient transplant....
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.
Disparity in financial position between donor and recipient cannot alone imply a commercial transaction; motivations must be established based on affection and attachment.
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.
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