Nation Other News 25 Aug 2017 Organ donation is hi ...

Organ donation is highest sacrifice: Kerala High Court

DECCAN CHRONICLE.
Published Aug 25, 2017, 1:38 am IST
Updated Aug 25, 2017, 1:38 am IST
Panel order declining nod for kidney removal quashed.
The committee had declined approval for the removal of organ stating that there was a gross disparity in the financial status of the donor and the recipient.
 The committee had declined approval for the removal of organ stating that there was a gross disparity in the financial status of the donor and the recipient.

Kochi: The Kerala High Court has held that the voluntary donation of an organ by a person is a sacrifice of the highest order and it is inhuman to hold that such sacrifices would be made by people only based on monetary considerations. The court issued the order on a petition filed by M.T.P. Shihabudheen, Thankayam, Kasargod, and P.K. Biju, Puthuppally, Kottayam, challenging the decision of the authorisation committee declining approval for the removal of the organ of the latter. 

According to the court, it was common knowledge that a large number of patients need donors for organ transplantation to save their lives and only a very few are fortunate to find matching donors from among their near relatives. The question whether the consent given by a person to donate his  organ to another is by reason of his affection towards him can be determined only from the surrounding circumstances as the affection of one person towards another is a state of mind. The statute does not prohibit transplantation. It only regulates transplantation with a view to avoiding exploitation in the dealings of organs for financial benefits

 

As such, if circumstances indicate a possible relationship for one person to donate his organ to save the life of another,  the approval sought has to be granted, said the court. Shihabudheen is suffering from chronic renal failure and is undergoing dialysis. The doctors have also suggested kidney transplantation.  The petition stated that Biju,  who was an employee of Shihabudheen in his fruit stall,  had  offered to donate one of his kidneys. But the authorisation committee under the Transplantation of Human Organs and Tissues Act declined approval for the removal of the organ.

 

The court quashed the orders of the  committee and directed it to pass orders approving the transplantation requested for by the petitioners. The committee had declined the approval stating that there was a gross disparity in the financial status of the donor and the recipient and that the donor and the recipient's brother could not explain satisfactorily the link between them which led to the offer being made. The court said that even assuming that there was a disparity in the financial status of the parties, the same by itself is not a ground to decline the approval for transplantation.

 

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Location: India, Kerala




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