Public Appeals For Organ Donors 'Contrary' To Law: Kerala High Court Told As Advisory Committee Recommends Anonymous Online Donor Platform
The Transplantation Advisory Committee constituted under the Transplantation of Human Organs and Tissues Act has recently informed the Kerala High Court that public appeals calling for Organ Donors are contrary to law under the Transplantation Act and has recommended the creation of an Anonymous Online Donor Platform. The submissions were made before the division bench comprising Chief...
The Transplantation Advisory Committee constituted under the Transplantation of Human Organs and Tissues Act has recently informed the Kerala High Court that public appeals calling for Organ Donors are contrary to law under the Transplantation Act and has recommended the creation of an Anonymous Online Donor Platform.
The submissions were made before the division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M in writ petition, which has raised several issues regarding organ donation in the state of Kerala.
The petitioner has sought for direction to the official respondents to immediately act in compliance with the directions in WP(C) 33801 of 2017, especially regarding press releases in print and electronic media seeking willing altruistic donors among the community for all patients who are unable to undergo organ transplant surgery owing to unavailability of matching donor.
The Court has previously expressed its displeasure in the failure of the Advisory Committee constituted under the Act, to convene a meeting after its constitution under the notification dated August 28, 2024.
The Special Government Pleader, by way of a memo informed the Court about decisions taken in the Committee's first meeting held on 19 November 2025.
It was submitted that the Committee has held that public advertisements or press releases from transplant centres or individuals seeking altruistic organ donors should not be permitted since such actions are contrary to the spirit of Transplantation of Human Organs and Tissues Act. It was further noted that such appeals can be unethical and can create repercussions in the society.
Instead, the panel recommended the creation of a secure online platform where individuals may voluntarily register their willingness to donate organs anonymously. The mechanism would include rigorous medical and psychological screening of prospective donors.
The Advisory Committee also highlighted several systemic improvements, which included transitioning the District Level Authorization Committee (DLAC) to an online platform which would enable digital processing of applications and reduce processing time. The Committee has also considered streamlining documentation requirements, particularly the multiple certificates currently needed for organ transplantation approvals.
After making these submissions via the memo, the Committee sought 15 days time to finalise the report.
Recording the submissions, the Bench directed that the final report be placed on record and posted the matter for further consideration on 12 December.
Case Title: Advaith M. v. State of Kerala
Case No: WP(C) 4269/ 2025
Counsel for the Petitioner: Thomas Varghese
Counsel for Respondent: K V Manoj Kumar (Spl. GP), Ajot Joy, Asha Treesa Jose