Karnataka to become second state to frame altruistic organ donation guidelines

A petition was filed by a 52-year-old businessman from Davangere district who wishes to “altruistically donate one of his kidneys to a deserving anonymous recipient”. Ten years ago, he had to put aside his wish to donate the organ following opposition from his mother and brother.

Advocate Sripada Venkata Joga Rao, appearing for the petitioner, stated that he is a spinster and has been living separately from his brother for the past 16 years, adding that his brother has now consented to donate one of his kidneys.

The petitioner sought a court direction for the authorisation committee of a private hospital in Kengeri to permit him to donate his kidney to an anonymous recipient. The bench noted that the state government would be the appropriate authority to make a decision in such cases.

Petitioner fit for kidney donation

Following a court direction, the Institute of Nephrology at Victoria Hospital, Bengaluru, submitted on September 21 that it had examined the petitioner and found no contraindications for kidney donation. He has also been informed about the potential risks and advised to make an informed, voluntary decision on kidney donation.

The bench then directed the petitioner to approach Jeevasarthakathe, a government-appointed body overseeing the implementation of the Transplantation of Human Organs Act of 1994.

Justice Govindaraj said, “The petitioner is permitted to donate one of his kidneys so long as all other considerations are met with and approved by the Jeevansarthakathe. The identity of the recipient and/ or his family members or any other connected aspects thereon shall not be made known to the petitioner until and after the donation occurs. Thereafter, with the consent of the recipient, the details could be made available to the petitioner. The petitioner, if he wishes his details to be known to the recipient, shall accordingly inform the SOTTO (State Organ And Tissue Transplant Organisation).“

Between 2007 and July 2026, 3,859 organs have been donated in Karnataka. As many as 2,145 of them are kidneys, 1,175 livers, 361 hearts, 164 lungs, and two hands.

Kerala rules also followed court prod

The Kerala government framed the guidelines in 2018, acting on the Kerala High Court’s November 24, 2017 directions issued while hearing petitions that sought permission to publish newspaper announcements seeking altruistic kidney donors.

The court had directed that the donor and the recipient must remain anonymous in cases of “altruistic non-directed donations”, and the government should ensure regular follow-up for both. It also recommended that a supportive fund for altruistic organ donors be created to accept donations from the public and corporates.