GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This matter arises under the Transplantation of Human Organs and Tissues Act, 1994 ('the Act').

(2.) The first petitioner is suffering from chronic renal failure and is undergoing dialysis. It is stated by the petitioners that the Nephrologists who are treating the first petitioner have advised him that kidney transplantation is the only option to save his life. The case of the petitioners is that the second petitioner who was an employee in the super market run by the first petitioner has though offered to donate one of her kidneys to the first petitioner, the Authorisation Committee under the Act declined approval for the removal of the organ of the second petitioner. Ext.P9 is the order passed by the Authorisation Committee in this connection. The first petitioner though took up the matter in appeal before the State Government, Ext.P9 order has been confirmed in the appeal. Ext.P14 is the order passed by the State Government in this connection. Exts.P9 and P14 orders are under challenge in this writ petition.

(3.) Heard the learned counsel for the petitioners as also the learned Government Pleader.