Kerala High Court Directs State to File Affidavit on Organ Donation Advisory Committee Compliance

Court examines State's notification under Transplantation of Human Organs and Tissues Act, 1994 to improve organ donation mechanisms

News Report: The Kerala High Court has directed the State Government to submit an affidavit detailing the compliance of its organ donation Advisory Committee notification with statutory provisions. This direction came in response to a Public Interest Litigation (PIL) filed by Advaidh M, seeking improvements in the organ donation system under the Transplantation of Human Organs and Tissues Act, 1994 and its associated Rules, 2014.

The petitioner underscored the need for a robust mechanism to facilitate organ donation, emphasizing altruistic donations devoid of commercial interests. Recognizing the complexity and potential unintended consequences of the petitioner's suggestions, the Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji stressed the necessity for expert examination.

During the proceedings, the State Government, represented by Special Government Pleader K.V. Manojkumar, presented a notification dated August 28, 2024, constituting an Advisory Committee under Section 13A of the Act and Rule 30 of the Rules. The court reviewed the statutory requirements for the committee's composition, including the inclusion of administrative, medical, and legal experts, along with representatives from social work and non-governmental organizations involved in organ donation.

The Bench highlighted the importance of the Advisory Committee in aiding the Appropriate Authority to discharge its functions effectively. The judges mandated the State to file an affidavit clarifying how the committee's composition aligns with Section 13A and Rule 30. The affidavit is expected to provide transparency and assure compliance with statutory provisions, ensuring that the organ donation process remains ethical and efficient.

The hearing has been adjourned to July 28, 2025, for further deliberations. This judicial intervention marks a significant step towards enhancing the organ donation framework in Kerala, aiming to balance the need for increased donations with stringent legal and ethical standards.

Bottom Line:

Public Interest Litigation - Issue of improving the mechanism for organ donation - Advisory Committee to aid and advise the Appropriate Authority under the Transplantation of Human Organs and Tissues Act, 1994 and Rules, 2014 - Notification issued by the State Government under Section 13A and Rule 30 examined. 

Statutory provision(s): Transplantation of Human Organs and Tissues Act, 1994 Section 13A, Transplantation of Human Organs and Tissues Rules, 2014 Rule 30

Advaidh. M v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2783789