Donor's Criminal Antecedents Can't Be Ground To Reject Organ Donation: Kerala High Court
The Kerala High Court has held that the criminal antecedents of a proposed organ donor cannot be considered as a reason to withhold papers relating to organ donation under the Transplantation of Human Organs and Tissues Act, 1994. [2026 LiveLaw (Ker) 507]Justice Harisankar V. Menon made the observation in a writ petition filed by a person suffering from chronic kidney disease and requiring...
The Kerala High Court has held that the criminal antecedents of a proposed organ donor cannot be considered as a reason to withhold papers relating to organ donation under the Transplantation of Human Organs and Tissues Act, 1994. [2026 LiveLaw (Ker) 507]
Justice Harisankar V. Menon made the observation in a writ petition filed by a person suffering from chronic kidney disease and requiring organ transplantation.
The petitioner submitted that his close friend has come forward to donate one of his kidneys to him. An appropriate application seeking approval for the transplantation under the provisions of the Transplantation Act was also submitted.
In connection with the application, a Certificate of Altruism was also sought. The police authorities issued a report which stated that the donor was involved in five criminal cases registered at various police stations in Thrissur District.
The petitioner contended that on the basis of a report submitted by the police, the papers are not being forwarded to the District Level Authorisation Committee by the respondent hospital (Lakeshore Hospital) in which the petitioner is taking treatment.
The Court noted that merely because a person has been involved in certain criminal cases, it cannot be said that the statute prevents such a person from becoming a donor under the Transplantation Act.
The Court placed reliance on Radhakrishna Pillai v DIstrict Level Authorisation Committee, Ernakulam [2021 (6) KLT 408], where it was held that criminal antecedents of the donor cannot be a ground for consideration in the matter of organ donation.
The Court thus noted that merely on account of the report by police, which refers to certain criminal cases registered against the donor, the papers cannot be kept pending before the respondent hospital.
The Court thus directed the respondent hospital to place the papers before the Authorisation Committee for consideration in accordance with law and disposed of the petition.
Case Title: Muhammed Jishar v Lakeshore Hospital
Case No: WP(C) 27077/ 2026
Citation: 2026 LiveLaw (Ker) 507
Counsel for Petitioner: C.K. Sreejith
Counsel for Respondents: Abel Tom Benny, Jaisankar V. Nair (SC - ED), Ajit Joy, D. Prem Kamath, Aaron Zacharias Benny, V.G. Sankaran, K.S. Muhammed Shefin, Mathew Angelo Davis, Tessa Rose, Jyothika Krishna, Akhil James