38.6c New Delhi, India, Saturday, August 02, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

'No Rule that Poor People Can't Donate Organs': Kerala High Court Directs Authority to Reconsider Plea for Unrelated Kidney Transplantation [READ JUDGMENT]

By Nargis Bano      02 October, 2021 02:46 PM      0 Comments
'No Rule that Poor People Can't Donate Organs': Kerala High Court Directs Authority to Reconsider Plea for Unrelated Kidney Transplantation [READ JUDGMENT]

The Kerala High Court recently ruled that a donor's low socioeconomic status does not preclude him or her from donating organs.

It thus allowed a petition challenging the order of the District Level Authorization Committee, which had rejected a woman's application for organ donation on the grounds, among other things, that the donor comes from a poor family.

While deliberating on the petition, Justice P.V. Kunhikrishnan stated:

"I don't understand the respondent's reasoning. There is no barrier to donating organs simply because a donor comes from a poor family... There is no rule that prohibits poor people from donating organs. It is not a sin to be poor. There are many people in our country with big hearts who can save them. That is how we can narrow the gap between the haves and the have-nots."

The Judge also mentioned that the donee comes from a low-income family.

Background:

The petitioner's case was that the first petitioner, Reeja P., is a kidney patient in need of an urgent transplant. She is currently undergoing dialysis three times per week, and the kidneys of her close relatives were not found to be suitable.

Given the dire circumstances, the second petitioner, Saraswathi K, expressed her willingness to donate her kidney to the first petitioner. It is claimed that their husbands worked together for years and that their families are very close.

However, the respondent District Level Authorization Committee denied the petitioner's application, citing the donor's poor family background and the fact that there were several unrelated previous kidney donors from the area to which the second petitioner belonged.

Dissatisfied, a writ petition was filed by Advocate C.M. Mohammed Iquabal.

The Government Pleader objected to the plea, claiming that the respondent, after reviewing the records and questioning the petitioners and concluded that approval could not be granted in this case. As a result, it was argued that the Court should not intervene.

Findings:

The Bench, on the other hand, did not understand the respondent's reasoning, pointing out that poverty is not a barrier to organ donation.

The Court also determined that one of the other grounds cited by the respondent for rejection was that the document signed by the Village Officer was discovered to be false following the interrogation of the husband and wife enrolled in the document.

"I'm not sure how the respondent came to the conclusion that the document signed by the Village Officer was false. Respondent does not have the authority to declare that a certificate issued by a Village Officer is false while considering a transplantation application," it stated.

The Court also established that while questioning the parties, the respondent should take a "mild stand." The respondent's intention should be solely to determine whether or not there is a commercial transaction.

The respondent also stated that there were several unrelated kidney donors in the donor's neighbourhood. However, the Bench refused to accept such a claim in the absence of evidence.

"In light of the facts and circumstances of the case, I believe it is a matter for the respondent to reconsider. The respondent must decide whether or not there is a commercial transaction," it stated.

The incident came to light after Mathrubhumi, a leading Malayalam daily newspaper, reported on the first petitioner's unfortunate situation.

As a result, the Court took judicial notice of the report, praising the media for bringing such incidents to light:

"This court takes judicial notice of the Ext.P3 report of Mathrubhumi, one of Kerala's leading Malayalam daily newspapers. We must value such news items from print and visual media so that people with big hearts will come forward to help those in need," it had duly noted.

Case Title: Reeja P. & Anr v. District Level Authorization Committee

 

[READ JUDGMENT]



Share this article:



Leave a feedback about this
TRENDING NEWS

sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM
sc-recalls-may-2-judgment-scrapping-jsw-steels-resolution-plan-for-bhushan-power-and-steel-ltd
Trending Business
SC recalls May 2 judgment scrapping JSW Steel's resolution plan for Bhushan Power and Steel Ltd

SC recalls its May 2 verdict cancelling JSW Steel’s ₹19,300 Cr resolution plan for Bhushan Power; matter to be heard afresh on August 7.

01 August, 2025 11:13 AM

TOP STORIES

sc-questions-justice-varma-over-failure-to-challenge-validity-of-in-house-inquiry-panel
Trending Judiciary
SC questions Justice Varma over failure to challenge validity of in-house inquiry panel

SC questions Justice Varma for not challenging in-house probe panel earlier despite cash haul case; asks why he joined inquiry if he found it flawed.

28 July, 2025 02:27 PM
timelines-for-governor-prez-to-clear-bills-kerala-asks-sc-to-return-presidential-reference-unanswered
Trending Executive
Timelines for Governor, Prez to clear Bills: Kerala asks SC to return presidential reference "unanswered"

Kerala urges SC to return Presidential reference on bill clearance timelines as “unmaintainable”, citing suppression of facts and settled SC rulings under Article 200.

28 July, 2025 02:38 PM
sc-refuses-to-stay-publication-of-draft-voters-list-in-bihar-on-aug-1
Trending Judiciary
SC refuses to stay publication of draft voters list in Bihar on Aug 1

SC declines stay on Bihar draft voter list; asks EC to consider Aadhaar, Voter ID for inclusion ahead of Assembly polls on August 1.

28 July, 2025 04:10 PM
why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email