Court directs Authorisation Committee to grant approval for altruistic organ donation between non-near relatives
In a significant ruling, the Madras High Court quashed the rejection of an organ transplant application filed by B. Shyam and others, emphasizing the importance of altruistic donations in the absence of commercial interest. The court directed the Authorisation Committee to reassess and grant approval for the kidney transplant between B. Shyam, a law student suffering from chronic kidney disease, and his donor, the brother of his maternal aunt's husband.
The petitioners had submitted their application under Form-11 of the Transplantation of Human Organs and Tissues Rules, 2014, which was initially rejected by the Authorisation Committee with a non-speaking order citing "relationship not established." The court found this rejection arbitrary, given the documented voluntary nature of the donation and the absence of any commercial transaction.
Justice P.T. Asha, presiding over the case, highlighted that the Transplantation of Human Organs and Tissues Act, 1994, as amended, allows organ donation by non-near relatives when motivated by altruism. The court criticized the Authorisation Committee's rigid interpretation of the Act, which contradicted parliamentary intent and overlooked the genuine, non-commercial nature of the petitioners' relationship.
The judgment referenced previous cases, including the Kerala High Court's decision in Muhmeed Rasheed v. State of Kerala and the Madras High Court's own decision in Sudha Mathesan v. Authorisation Committee, underscoring the necessity to prevent commercial exploitation while recognizing the legitimacy of altruistic donations.
The court also emphasized the Authorisation Committee's duty to ensure the donor's post-operative care, suggesting measures such as medical insurance and financial provisions to support the donor's health needs. It ordered the committee to grant transplantation approval within three weeks, failing which it would be deemed granted, allowing the petitioners to proceed with the surgery.
This decision reinforces the legal framework supporting ethical organ transplants, balancing the need to prevent exploitation with the recognition of selfless acts of donation.
Bottom Line:
Transplantation of Human Organs - Approval for transplantation of organs between non-near relatives cannot be rejected arbitrarily, especially when the donor voluntarily comes forward to donate out of altruism, and there is no evidence of commercial dealings.
Statutory provision(s): Transplantation of Human Organs and Tissues Act, 1994 Sections 2(k), 9(3), 9(5); Transplantation of Human Organs and Tissues Rules, 2014 Rules 7(3), 19
B. Shyam v. State of Tamil Nadu, (Madras) : Law Finder Doc id # 2857778
