KOCHI: In a significant judgment, Kerala HC Thursday ruled that permission for organ donation cannot be denied unless there is cogent evidence establishing a commercial element. A donor’s assertion that donation is made out of altruism should be accepted in absence of credible evidence to the contrary, HC said.
Justice C S Dias gave the ruling on a plea by a 20-year-old renal failure patient and his voluntary donor, challenging decision of an authorisation committee denying permission for kidney transplant.
Initially, the application was rejected by health officials citing absence of a certificate of altruism from the district police chief. Despite an HC directive to consider the application without insisting on the police certificate, both authorisation committee and principal secretary of health dept rejected it again. The committee denied the application once more despite producing the said certificate, prompting the petitioners to move HC again.
While hearing the petition, the bench referenced a prior decision, wherein it was observed that voluntary donation of an organ represents self-deprivation of the highest order, and it is inhuman to presume that such a sacrifice is made solely for monetary considerations. HC directed the authorisation committee to grant permission for the transplant within a week.
