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Tuesday, September 28, 2021

Nothing like criminal kidney: Kerala HC sets aside authorisation panel’s decision

The court was hearing the petition of a donor and a needy patient, who challenged the decision of the Ernakulam district authorisation committee for transplantation of human organs.

Written by Shaju Philip | Thiruvananthapuram |
Updated: September 2, 2021 3:56:36 am
The court was hearing the petition of a donor and a needy patient, who challenged the decision of the Ernakulam district authorisation committee for transplantation of human organs.

KERALA HIGH Court has set aside the decision of an authorisation committee for transplantation of human organs that rejected an application for kidney donation on the ground that the donor had criminal background.

A bench of Justice P V Kunhikrishnan in his verdict on August 27 said, “A person who is involved in multiple criminal offences cannot be a donor is unsustainable in the light of the fact that there is no prohibition for the same as per the Transplantation of Human Organs and Tissues Act, 1994 and The Transplantation of Human Organs and Tissues Rules, 2014.’’

The court was hearing the petition of a donor and a needy patient, who challenged the decision of the Ernakulam district authorisation committee for transplantation of human organs. Apart from setting aside the decision, the court urged the committee to reconsider the application of the petitioners, the donor and the patient, at the earliest.

The patient has no close relative who can donate a kidney to save his life. Hence, a close friend come forward as a donor, but that the authorisation committee decision came as a setback.

The court said the only embargo in Rule 2014 is that the donor should not be a drug addict. The authorisation committee cannot go beyond their jurisdiction and reject the application.

“There is no organ in the human body like a criminal kidney or criminal liver or criminal heart. There is no difference between the organ of a person without a criminal antecedent and the organ of a person who has no criminal antecedents. Human blood is passing through all of us,” observed the judge.

Let the Act of 1994 become a path breaker for communal harmony and the idea of secularism, the court said. Let Hindus, Christians, Muslims, Sikhs and even persons with criminal backgrounds donate organs to needy people, irrespective of their caste, creed, religion or criminal background. That will be a day that was dreamed by the founding fathers of our Constitution, the court said.

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