[Organ Transplant] Ori HC | Certification limiting organ donation from ‘near relative only’ is contrary to law; Authorization Committee has discretion to decide regarding an unrelated donor

Orissa High Court: P. Patnaik J., allowed the petition directing that any certification that limits donation of organ from near relatives only is opposed to law and such an application must go to Authorization Committee to decide whether the donor and donee have no commercial interest in it.

The facts of the case are such that the petitioner has undergone various check-up under opposite party 3- Hospital. The opposite party 4 has given consent to be a volunteer donor to donate his Kidney to the petitioner for his survival even though he is not related to the petitioner. However, opposite party 3 refused to recommend the case of the petitioner on the ground that in view of the restriction made under the Certificate of Registration granted to it under the Transplantation of Human Organ Rules,1995 they are only authorized to recommend cases of related transplantation only. Being aggrieved by the same, this writ petition has been filed to direct the opposite parties to undertake the process of kidney transplantation so as to save his life.

Counsel for the petitioners submitted that this Court in Janardana Patra v. State, 2013 SCC OnLine Ori 183, held that the words “Related transplantation only” stand deleted from the Certificate of Registration and W.P.(C) No.27215 of 2020 further directed the Hospital Authority to forward the application of the petitioner therein to the Authorization Committee for their consideration and the donors case may be evaluated strictly in terms of the Transplantation of Human Organs and Tissues Act, 1994 and the Transplantation of Human Organs Rules, 1995.

The Court relied on the judgment held in  Janardana Patra v. State, 2013 SCC OnLine Ori 183 delivered by Orissa High Court and held that opposite party must forward the application of the petitioner to the Authorization Committee-opposite party recommending petitioner’s case as an unrelated donor.

In view of the above, the petition was disposed off.[Pitambar Swain v. State of Odisha, 2020 SCC OnLine Ori 793, decided on 04-11-2020]


Arunima Bose, Editorial Assistant has put this story together

Join the discussion

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.