MOIDEEN E. M. Vs. STATE OF KERALA

JUDGEMENT

(1.) In conflict is the law; when the petitioners attempt to bring into confluence the profoundest of all human emotions: "sacrifice" and the urge innate in every living being; to live on. The petitioners in these 16 writ petitions are all persons who are disabled with renal complaints and need, according to their doctors, kidney transplantation. The writ petitions seek permission to make publications in print media, seeking a kidney from willing altruistic donors from the public. This Court has been permitting such publications by orders looking into the provisions of the Transplantation of Human Organs and Tissues Act, 1994 [for brevity "the Act"]; finding that such publication is not prohibited by law so long as it does not invite 'supply for payment' or 'offers such supply' or 'indicate willingness to initiate or negotiate any arrangement'; looking at S.19(1)(f).

(2.) I was cautioned by the submission, of a learned Government Pleader in one of such cases; relating to transplant of organs, that though the publications may not have an indication explicitly; it could lead to a payment or arrangement; which by law has been prohibited by the Act. There are no safeguards to prohibit commercial dealings in human organs and tissues once the publication has been permitted; was the compelling argument. Looking into the orders passed, this Court finds that there is no declaration of law and if there had been, there was no requirement for the subsequent, frequent petitions.

(3.) On being so cautioned, this Court had proposed a hearing on the aspect, and had also impleaded the Nodal Officer, Kerala Network for Organ Sharing (KNOS), which is in charge of the Deceased Donor Multi Organ Transplantation Programme, Government of Kerala. This Court also had interaction with the State Nodal Officer of the KNOS and Deputy District Medical Officer, Ernakulam; the District Nodal Officer. A statement has also been placed on record by the Nodal Officer KNOS.