Don’t view all organ donors with scepticism, says Madras HC; directs DME to permit transplant

Madras High Court held that the rejection by the Authorisation Committee was arbitrary and baseless, and directed the Committee to grant permission for transplantation

Chennai: The Madras High Court has directed the Directorate of Medical Education and Research here not to view all organ donors with scepticism, and directed it to grant permission for transplantation to a stage 5 chronic kidney disease patient with the organ donated by the brother of his maternal aunt’s husband.

Justice P T Asha held that “it would be unpragmatic to assess organ donation between nonrelatives on arithmetical scales or view them with scepticism.” Hearing petitions from a patient suffering from chronic kidney disease stage V and his donor, seeking a direction to the authorisation committee of DME to grant approval for organ transplant, the court said the donor is the brother of the patient’s maternal aunt’s husband and he had come forward to offer his organ.

“It’s not to be forgotten that some compassionate individuals are willing to selflessly donate their organs to give a new lease of life to a family member or friend. So, it would be unpragmatic to assess every donation between nonrelatives on arithmetical scales or view them with scepticism in such summary proceedings,” the Bench observed in the recent order.

It said that saving a life was important.

Justice Asha held that the rejection by the Authorisation Committee was arbitrary and baseless, and directed the Committee to grant permission for transplantation in accordance with law within a period of 3 weeks from the date of receipt of the copy of the order.