MOHAMED ABDUL NASSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed, challenging Ext.P5. Ext P5 is the copy of G.O.(MS) No.26/2018/H & FWD dated 15.2.2018 whereby the Health & Family Welfare Department of the State of Kerala have introduced guidelines for organ transplantation, following the judgment of this Court in WPC No.33801 of 2017.

(2.) In so far as the illegality of Ext.P5 is concerned, the challenge raised by the petitioner is mainly confined to the provision dealing with the compensation for altruistic donor, which reads as under:

(3.) According to the learned counsel, these provisions of Ext.P5 are against the spirit of the provisions of the Transplantation of Human Organs Act, 1994 and in particular, Section 19 which prohibits commercial dealing in human organs. It is stated that if the aforesaid provision of Ext.P5 is implemented, that will only result in encouraging commercial dealings in human organs which is punishable.