LATHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges the non consideration of Authorisation Certificate issued by the 2nd respondent and the inaction from the 3rd respondent to expedite the procedure for kidney transplantation. The petitioner also seeks to direct the 3rd respondent to consider Ext.P4 Authorisation Certificate issued by the 2nd respondent who is the statutory authority and expedite the procedure for renal transplantation at the earliest possible time considering the critical condition of the patient.

(2.) The petitioner states that she is the donor of her one kidney to her family friend. A joint application was submitted under the Transplantation of Human Organs and Tissues Rules, 2014. The said application was considered by the 2nd respondent - District Level Authorisation Committee. A Police Verification Report was also obtained. A certificate of Altruism has been granted. The petitioner was thereupon permitted to donate the organ as applied for.

(3.) When the petitioner was taken into operation theatre for surgical procedure, her son requested to see his mother before surgery. There was a verbal exchange and the Surgeon was not ready to conduct the surgery.