Court directs Authorization Committee to expedite kidney donation approval, emphasizing biological relationship and preponderance of probabilities.
In a significant ruling, the Madras High Court has set aside the rejection of a kidney donation application by the Authorization Committee, allowing a mother to donate her kidney to her ailing son. The case, titled "Rita Chaurasiya v. State of Tamil Nadu," highlighted the undue scrutiny faced by the donor, despite clear evidence of a biological relationship with the recipient.
The petitioners, Rita Chaurasiya and her son, approached the court after the Authorization Committee refused to approve the kidney donation, citing the inability to establish a donor-recipient relationship. The court, presided over by Justice G. R. Swaminathan, criticized the committee's decision, stating that the evidence provided, including the recipient's birth certificate and identification documents, sufficiently proved the biological connection.
Justice Swaminathan emphasized the importance of applying the principle of preponderance of probabilities, which allows decisions to be made based on the likelihood of a fact being true. The court noted that compelling the mother to undergo a DNA test was unnecessary and set aside the committee's decision, directing immediate approval for the donation to proceed.
The judgment also referenced previous cases, stressing that statements of altruistic donation should not be dismissed without credible evidence of financial dealings. The court urged the need for clear guidelines to prevent arbitrary decision-making by authorization committees.
The ruling is expected to expedite the kidney transplantation process for the petitioner, with the court mandating that the Authorization Committee reconvene promptly to facilitate the necessary procedures.
Bottom line:-
Transplantation of Human Organs - Authorization Committee rejecting kidney donation application due to failure in establishing donor-recipient relationship - Donor being biological mother of the recipient - Rejection of application set aside - Directed to grant permission for donation based on preponderance of probabilities.
Statutory provision(s): Transplantation of Human Organs and Tissues Act, 1994 Sections 9(3) and 9(4).
Rita Chaurasiya v. State of Tamil Nadu, (Madras) : Law Finder Doc id # 2904733
