Don’t view third-party organ donors with suspicion: Madras high court

CHENNAI: In organ donation, every third-party donor does not need to be scrutinised by the authorities with a needle of suspicion, as there are genuine donors who come forward voluntarily to donate their organs. Such third-party donors are, therefore, not ones who were exploited, Madras high court said.

Justice P T Asha made the observation while setting aside an order of the authorisation committee, directorate of medical education and research, Kilpauk, rejecting an application by a stage V chronic kidney disease patient seeking to transplant a kidney donated by his maternal aunt’s husband’s brother. The committee rejected the application with a one-line order that said, “Relationship not established.”


It is, however, the duty of the authorisation committee to examine, investigate and arrive at the conclusion that the donation is not backed by any commercial interest, for which the rules provide certain parameters, the judge cautioned.

“In the case on hand, a perusal of the transcript of the statements made by the donor and his wife clearly brings out that they came forward voluntarily to donate and, in their own words, which was said in unison, ‘that saving a life is important’,” the judge said.

The donor, his wife, the recipient and his father clearly described the relationship between the parties. The donor and his wife also cogently gave reasons for coming forward to donate the organ.

There is no material produced on the side of the authorities to show that the donor did not come forward to donate his organ out of altruism (the fact of caring about the needs and happiness of other people more than your own). In the absence of the above, the rejection by the committee is arbitrary and baseless, the court added.

The court then remitted the matter to the committee and directed it to grant permission for transplantation in accordance with the law within three weeks. In case the same is not granted within the stipulated time, it shall be deemed to be granted. Upon grant of approval/deemed approval, the petitioners are entitled to undergo the transplantation, the court added.