The Madras High Court has directed the Directorate of Medical Education and Research (DME) to permit a kidney transplant for a Stage-V chronic kidney disease patient, holding that organ donations by non-relatives cannot be assessed on “arithmetical scales” or treated with suspicion.
Justice P.T. Asha passed the order while allowing petitions filed by the patient and the proposed donor, who is the brother of the patient’s maternal aunt’s husband. The petitions sought a direction to the Authorisation Committee of the DME to grant approval for the transplantation.
The patient, suffering from Stage-V chronic kidney disease, required a kidney transplant. A donor — related through extended family — volunteered to donate his organ.
The Authorisation Committee, however, declined permission for the transplant, prompting the patient and the donor to approach the High Court.
The Court emphasised that altruistic organ donations should not be viewed with automatic suspicion merely because the donor is not a near relative.
Justice Asha observed:
“It would be unpragmatic to assess organ donation between nonrelatives on arithmetical scales or view them with scepticism.”
The Court noted that compassionate individuals often come forward to donate organs to save the lives of extended family members or friends and such actions should not be discouraged through summary or mechanical scrutiny.
The Bench further stated:
“It’s not to be forgotten that some compassionate individuals are willing to selflessly donate their organs to give a new lease of life to a family member or friend.”
Highlighting the life-saving nature of organ transplantation, the Court underlined that preserving life must remain the primary consideration.
The Court held that the rejection of approval by the Authorisation Committee was arbitrary and baseless, finding no valid justification for denying permission in the facts of the case.
Setting aside the rejection, the High Court directed the Authorisation Committee to grant approval for the transplantation in accordance with law within three weeks from the date of receipt of the order.
The ruling underscores that while statutory safeguards against commercial organ trade must be maintained, bona fide non-relative donations motivated by compassion cannot be dismissed through mechanical suspicion.
