Transplantation of Human Organs - Procedure for unrelated organ donation
Kerala High Court Sets Aside Rejection of Altruism Certificate for Kidney Donation Authorization - Committee Directed to Expedite Approval Process for Unrelated Organ Transplantation
In a significant development, the Kerala High Court has set aside the rejection of an altruism certificate for an unrelated kidney donation case involving petitioner Ajith VS. The petitioner sought judicial intervention after the District Level Authorization Committee for Transplantation of Human Organs, Ernakulam, declined to issue the crucial certificate needed for the transplantation process. Presiding Judge, Mrs. Shoba Annamma Eapen, directed the Authorization Committee to reassess the verification process, emphasizing the necessity for police intervention and the requirement of an altruism certificate.
Ajith VS, the petitioner, approached the court on behalf of Geophy George, a chronic kidney disease patient undergoing treatment at Apollo Adlux Hospital, Ernakulam. Due to his critical health condition, Geophy George was unable to file the petition himself. Ajith VS expressed his willingness to donate a kidney to George, despite not being a close relative, necessitating approval under Section 9(3) of the Transplantation of Human Organs and Tissues Act, 1994.
The Kerala High Court underscored the importance of proper verification through police reports and the issuance of an altruism certificate before granting approval for unrelated organ transplantation. The court found the initial rejection of the altruism certificate lacking in detailed reasoning and directed the District Level Authorization Committee to expedite the approval process.
The court's directions included setting aside the rejection letter dated May 17, 2025, allowing the petitioner to resubmit relevant documents to the Local Committee of Organ Transplantation. The local committee was instructed to forward the application to the District Level Authorization Committee promptly.
Furthermore, the Authorization Committee was tasked with notifying the petitioner about the requirement for a 'Certificate of Altruism' from the police. If deemed unnecessary, the committee was directed to complete the approval process within a month. Alternatively, if the certificate was required, the petitioner would need to secure it from the Deputy Superintendent of Police, Alappuzha, within two weeks.
The judgment emphasized the need for timely actions by all involved parties, ensuring no avoidable delays in the approval process for organ transplantation. The court's decision aligns with the precedent set in Shoukathali Pullikuzhiyil v. The District Legal Authorization Committee, reinforcing the committee's authority to determine the necessity of police verification.
The Kerala High Court's ruling is expected to streamline the organ transplantation approval process, particularly in cases involving unrelated donors, ensuring timely medical interventions for patients in critical need.
Bottom Line:
Transplantation of Human Organs - Procedure for unrelated organ donation - Authorisation Committee must decide on verification through police and whether Certificate of Altruism is required before granting necessary permissions
Statutory provision(s): Transplantation of Human Organs and Tissues Act, 1994, Section 9(3)
