Donation of organs should not be rejected without evidence
The permission to donate human organs cannot be rejected by the Authorization Committee unless there is cogent material to establish a commercial element, says the High Court of Kerala in Uvais Muhammad K.C. & Another v State of Kerala & Another [2025: KER:195].
If the donor claims that the donation is made purely out of altruism, their statement must be accepted if there is nothing to prove the contrary.
Authorization Committee must inquire in case of doubt
If the Authorization Committee had doubt regarding the veracity of the petitioners’ statement, they should seek clarifications from the petitioners or initiated an inquiry through their machinery. In any case, the Authorization Committee cannot impose a reverse burden upon the petitioners to disprove a negative aspect.
No rejection of permission without proper evidence
Permission for donation cannot be rejected unless there is cogent material to establish a commercial element. When the donor asserts that the donation is made purely out of altruism, in the absence of any credible material to the contrary, the statement must be accepted.
Who can donate the organs?
As per the Section 9 of the Transplantation of Human Organs and Tissues Act, 1994, the donation of human organs by a person who is not a near relative is permitted only with the prior approval of the Authorization Committee.
The Section 2(i) of the Act defines near relatives as spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, or granddaughter.
No formula to find out altruism in donation
There is no definitive formula to categorically determine whether a donation is altruistic or a commercial one.
A rigid interpretation of Section 9, would render the provision “otiose and nugatory”. Even otherwise, nowadays, it is common knowledge that the number of recipients outnumber the donors.
HCK directed to give permission
Therefore, the HCK quashed the Authorization Committee’s order and directed it to grant permission for the transplantation within one week. If such permission is not granted within the stipulated period, it shall be deemed that such permission is granted.
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