HC slams Tamil Nadu for doubting Bangladeshi mother’s organ donation offer to boy

Chennai: Madras high court has censured Tamil Nadu organ transplant authorisation committee (Transtan) for refusing permission for a kidney transplant surgery for a minor Bangladeshi boy in Chennai. The court observed that the committee had stigmatised the minor by questioning the relationship of his donor mother with the father even after producing their marriage certificate.

“The committee should have been a little more sensitive when holding that the relationship of the petitioners (father and mother of the child) had not been established. They have virtually stigmatised the minor child,” Justice G R Swaminathan said.

“I, therefore, hold that the committee’s order suffers from misdirection in law and utter non-application of mind. The order is set aside. The committee is directed to grant permission to the mother to donate one of her kidneys to her son. This shall be done immediately,” the judge added.

The court passed the order on a plea moved by the minor, Atonu Saha, represented by his mother Sreemathi Monika Rani Saha and father Sree Akhil Kumar Saha, all citizens of Bangladesh.

According to the petitioners, their son has renal issues, and is on dialysis. Since medical facilities in Bangladesh were not adequate, they had come down to Chennai on medical visas to avail better treatment.

The boy, admitted in Apollo Hospital in Chennai, was advised to undergo kidney transplant as he was diagnosed with ‘end-stage renal chronic kidney disease’ in Nov 2025. However, due to unstable political conditions then prevailing in Bangladesh, the petitioners were unable to obtain ‘e-Apostille certificate’ from the ministry of foreign affairs.

Finally, on Feb 15, they obtained the certificate. The boy’s mother had come forward to donate one of her kidneys. The requisite compatibility tests were undertaken, and it was opined that she could donate her kidney. An application was made to the authorisation committee for approval.

The committee conducted inquiry with the assistance of an interpreter since the petitioners were conversant only in Bengali. During the inquiry, certain questions were posed to the parents of the child and due to some miscommunication, the application was rejected on the ground that the spousal relationship between the petitioners was not established. Aggrieved, they approached the high court.