Minor's Right to Life, High Court Waives Estranged Father's Consent for Kidney Transplant

Madras High Court orders immediate renal transplantation for 13-year-old, deeming consent requirement arbitrary under Article 21.

News Report: In a landmark decision, the Madras High Court, presided over by Justice M. Dhandapani, has directed the respondent hospital to proceed with a renal transplantation for a 13-year-old minor without the consent of his estranged father. The court deemed the insistence on paternal consent as arbitrary, unreasonable, and a violation of the minor's right to life under Article 21 of the Constitution of India.

The case was brought forth by A. Kasthuri, the petitioner and mother of the minor, who has been raising her son, Joshua, after being deserted by her husband in 2017. Joshua, diagnosed with Chronic Kidney Disease Stage-V, has been undergoing Continuous Ambulatory Peritoneal Dialysis (CAPD) since March 2025. The hospital initially demanded the consent of the estranged father for legal purposes under the Transplantation of Human Organs and Tissues Act, 1994, prompting the petitioner to seek judicial intervention.

The court, acknowledging the urgency and importance of the child's health, ordered the hospital to conduct the transplantation within two weeks, bypassing the paternal consent. The learned Government Advocate assured the court of the hospital's compliance and informed that a meeting would be held to ensure appropriate treatment for Joshua.

This judgment reinforces the constitutional protection of minors' right to life and emphasizes the judicial system's commitment to prioritizing health and well-being over procedural formalities. The decision is expected to set a precedent for similar cases, advocating for children's rights in medical emergencies.

Bottom Line:

Medical Law and Constitution of India - Renal transplantation for minor child - Consent of estranged father not mandatory - Right to life under Article 21 of Constitution upheld.

Statutory provision(s): Article 21 of Constitution of India, Transplantation of Human Organs and Tissues Act, 1994

A.Kasthuri v. State of Tamil Nadu, (Madras) : Law Finder Doc Id # 2781435