Karnataka High Court Allows Altruistic Kidney Donation by Doctor

Court Directs Hospital to Identify Suitable Donees for Kidney Donation by Petitioning Doctor

In a landmark decision, the Karnataka High Court has approved the altruistic kidney donation proposed by Dr. Thankam Subramonian, a doctor who sought to donate her kidney to a deserving recipient without any compensation. The judgment was delivered by Justice Suraj Govindaraj in response to a writ petition filed by Dr. Subramonian.

The petitioner, represented by Advocate Sri. Sripada Venkata Joga Rao, argued for the right to donate her kidney altruistically to any deserving patient identified by the respondent hospital, without any monetary or other compensation. The hospital, represented by Advocate Sri. H. Mujtaba, initially expressed concerns about a possible undisclosed transaction between the donor and potential donees.

Justice Govindaraj, recognizing the petitioner's noble intent and her professional awareness of the medical implications, emphasized the importance of facilitating such altruistic donations. The court directed the respondent hospital to identify suitable donees and conduct necessary medical tests to ensure compatibility and safety for the transplant. The hospital is expected to complete these procedures within a stipulated timeframe of three to four weeks, following which the findings will be submitted to the Hospital Based Authorization Committee for approval.

The court's decision underscores the importance of supporting altruistic organ donations, particularly when proposed by informed medical professionals. The judgment also highlights the need for efficient processing of such applications to prevent unnecessary delays that could compromise the viability of the donation, especially considering the petitioner's family history of diabetes which may affect her kidney health in the future.

Bottom Line:

Organ Donation - Altruistic donation of kidney by a petitioner who is a doctor and aware of all aspects related to kidney donation allowed - Hospital directed to identify suitable donees and carry out necessary tests for compatibility.

Statutory provision(s): Transplantation of Human Organs and Tissues Act, 1994

Dr Thankam Subramonian v. Chairperson, Hospital Based Authorization Committee (HBAC), (Karnataka) : Law Finder Doc Id # 2822384