High Court asks Karnataka to frame policy on altruistic organ donation

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, and his brother has now consented to donate one of his kidneys.

The businessman has sought a court direction to the hospital-based authorisation committee of a private hospital in Kengeri to permit him to donate his kidney.

The bench said that in such cases, private hospitals would not be permitted to facilitate the organ donation. Instead, the state government would be the appropriate authority to take a decision.

It noted that the government maintains a waiting list of patients seeking organ transplants. If the petitioner’s kidney is found to be a suitable match, it could be allocated to a deserving recipient based on the seniority list maintained by the state government.

Additional Government Advocate Mohammed Jaffar Shah said the petitioner would have to voluntarily appear before the State Organ Transplant Committee formed under the Transplantation of Human Organs Act of 1994, and then, as per the seniority of recipients in the waiting list, the organ could be given.

The court then said, “If policy is not formulated, it would always be open for the State of Karnataka through Commissioner of Family and Health to frame a policy for such.”

The court highlighted that such a policy would avoid altruistic persons from approaching this court and save them the time delay that is caused in obtaining orders and harvesting of organs, by which time a deserving patient may have received the organ which could have saved the person’s life.

First case of altruistic donation

The first case of altruistic organ donation was decided on November 25, 2025, wherein the court had permitted a doctor attached to a hospital in Bengaluru to donate one of her kidneys to a deserving person as an “altruistic donor” without seeking any compensation of any nature.

The 58-year-old doctor had then approached the court after her application to the chairperson of the hospital-based authorization committee, seeking permission for the donation, was rejected.

Organ donation in Karnataka

The Karnataka Government established Jeevasarthakathe for a sustained deceased donor (Cadaver) transplantation programme in the state and to oversee the implementation of the Transplantation of Human Organs Act of 1994. The organisation aims to coordinate the deceased donor transplantation activities and also educate the public on organ donation. From 2007 to July 2026, 3,859 organs have been donated in the state, of which 2,145 are kidneys, 1,175 are livers, 361 hearts, 164 lungs, and 2 hands.