ISMAIL KUNJU M Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant No.1 is a renal patient undergoing dialysis for six years. The Doctors treating Appellant No.1 advised him to undergo immediate renal transplantation as his health condition is deteriorating rapidly. A medical certificate has been issued to Appellant No.1 by one of the hospitals approved for kidney transplantation in the State of Kerala. Organ transplantation surgery is crucial for Appellant No.1 due to his kidney failure, which has reached end-stage renal disease. Appellant No.2 has volunteered to donate one of her kidneys to Appellant No. 1 for transplantation.

(2.) The regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes is governed under the Transplantation of Human Organs and Tissues Act, 1994 (Act of 1994). In exercise of the powers conferred by Sec. 24 of the Act of 1994 and in supersession of the Transplantation of Human Organs Rules, 1995, the Transplantation of Human Organs and Tissues Rules, 2014 (Rules of 2014) have been framed. Rules prescribe an application to be made in cases of living donor transplantation, which has to be examined by an Authorisation Committee to take decision for rejecting or approving the application. After the decision of the Authorisation Committee, an appeal is provided under the Rules of 2014.

(3.) Appellant No.1 filed application with notarised affidavits, and the consent of Appellant No.2, for kidney transplantation. According to the Appellants, Appellant No.2, who was working in the household of Appellant No.1, is concerned about the deteriorating health of Appellant No.1 and she is ready and willing to donate one of her kidneys to him. The Organ Transplantation Local Level Committee of Respondent No.3 Hospital referred the matter for approval to Respondent No.2 - the District Level Authorisation Committee for Renal Transplantation. The Authorisation Committee rejected the transplantation by Exhibit-P6 order dtd. 26/7/2024. The Appellants filed an appeal before Respondent No.1 - Secretary, Health and Family Welfare Department against Exhibit-P6 order, which was also rejected by Exhibit-P8 order dtd. 24/11/2024. Thereafter, the Appellants filed W.P.(C) No.43263 of 2024.