Case Law
2025-12-02
Subject: Constitutional Law - Medical Law
Thiruvananthapuram: The Kerala High Court is currently deliberating on a significant policy shift concerning organ donation, as an advisory committee has recommended against permitting public press releases to find altruistic donors. Instead, the state proposes developing a secure online platform to streamline the process, a move aimed at curbing unethical practices and upholding the spirit of the Transplantation of Human Organs and Tissues Act.
A Division Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. was hearing a writ petition filed by 19-year-old Advaidh. M, who sought directions for the state to issue media releases on behalf of patients needing organ transplants.
The petitioner, Advaidh. M, approached the High Court requesting an order compelling the state authorities, including the Kerala State Organ and Tissue Transplant Organisation (K-SOTTO), to issue press releases in print and electronic media. The plea argued for publicizing details of patients awaiting transplants—such as blood group and hospital information—to attract willing altruistic donors from the community, citing a previous court directive in a 2017 case.
During the hearing on November 26, 2025, the Special Government Pleader, K.V. Manoj Kumar, presented the findings of an Advisory Committee meeting held on November 19. The committee firmly opposed the petitioner's request, outlining several key recommendations:
Ban on Public Solicitations: The committee unanimously decided that press releases by K-SOTTO, hospitals, or individuals seeking altruistic donors should not be permitted. It concluded that such practices are: > "...contrary to the spirit of the Transplantation of Human Organs and Tissues Act, unethical and likely to create adverse repercussions in the society."
Creation of an Online Donor Platform: To create a regulated channel, the committee recommended that K-SOTTO develop a secure online platform where individuals can register their willingness to be altruistic donors. The system would prioritize donor anonymity and include a "foolproof mechanism" for assessing the medical, physical, and psychological fitness of all prospective donors.
Streamlining Approval Process: The committee noted that timelines for processing living organ transplant applications, as mandated by the Delhi High Court and endorsed by the National Organ and Tissue Transplant Organization (NOTTO), are now applicable in Kerala. To expedite approvals, the proceedings of the District Level Authorization Committee (DLAC) will be transitioned to an online platform.
Reducing Bureaucracy: Addressing a major hurdle for patients and donors, the committee acknowledged the difficulty in obtaining multiple certificates from various government offices. It recommended issuing new guidelines to "minimize and streamline the certificate requirements" for the DLAC.
After hearing the arguments, the High Court took the committee's recommendations on record. The state has been granted 15 days to finalize its report based on these decisions.
The court has scheduled the next hearing for December 12, 2025 , by which time the final report is expected to be submitted. The outcome of this case could mark a pivotal change in Kerala's organ donation policy, shifting from unregulated public appeals to a structured, ethical, and digitally managed system designed to protect both donors and recipients.
#OrganDonation #KeralaHighCourt #MedicalLaw
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