The Kerala High Court has passed a judgment directing the State Government to constitute Hospital
Based Committees and ensure induction of knowledgeable members in transplant committees. It has also stated that the absence of photographs featuring the donor and recipient cannot also be the reason for negativing the donor’s version that he had volunteered to donate his organ out of love and affection. This judgment was passed by Justice V. G. Arun, on October 14, 2024.
Facts of the Case
The first petitioner, is an auto-rickshaw driver and a patient with chronic kidney disease requiring a life-saving transplant. The second petitioner offered to donate his kidney to the first petitioner. Given their non-relative status, they submitted a joint application as per the provisions of the Transplantation of Human Organs and Tissues Act, 2012. However, their application was denied by the District Level Organ Transplantation Authorisation Committee due to concerns about potential commercial involvement. This decision was subsequently upheld by the Appellate Authority, leading to the filing of this writ petition.
Court’s Decision
The High Court quashed the rejection orders, finding that the absence of photographs was not sufficient grounds to negate the donor’s claim of altruistic motivation. While suspicion of commercial involvement is a valid concern, the Court emphasized that evidence beyond the mere absence of photographs is necessary to substantiate such claims.
The Court referenced the Supreme Court’s decision in Kuldeep Singh v. State of Tamil Nadu (2005), which outlined the burden of proof on applicants to demonstrate altruistic intent. The case reinforces the principle that applicants bear the burden of proving their altruistic motives. However, the Court also acknowledged it is extremely difficult, rather impossible, to provide proof of feelings like love and affection.
“As rightly contended by the counsel for the petitioners, it is extremely difficult, rather impossible, to provide proof of feelings like love and affection.”
WP(C).No.33655/2024
The Court has emphasized that the State Government must notify Hospital Based Committees and the appointment of experienced and knowledgeable individuals to Authorisation Committees to improve decision-making. These are crucial steps towards improving the efficiency and transparency of the organ donation process in India. The court observed as follows:
“Surprisingly, in Kerala, all applications for approval under Section 9(5) are being considered by the District Level Authorisation Committee (DLAC), since Hospital Based Committees, as mandated by Rule 11(4), are yet to be notified. This is resulting in the process of approval being delayed indefinitely. Yet another aspect of concern is the failure to include persons with experience and knowledge in different fields in the Authorisation Committees, as envisaged in Rules 12 and 13 above. Inclusion of such members is intended to bring about a balance.”
The Kerala High Court’s decision highlights the importance of careful consideration of individual cases when evaluating organ donation applications.
