Non-relatives can donate organs out of love, says Madras HC

CHENNAI: The Parliament never intended to rule out organ donation by those not related to recipients, said the Madras High Court, and directed the authorisation committee (Transplantation) to scrutinise the applications of non-relative donors and pass orders.

If a non-relative donor states that she or he is donating an organ out of love and affection, the statement should not be doubted unless there is any credible reason, said Justice GR Swaminathan while disposing of a batch of petitions seeking to allow kidney donation by non-relative donors.

Too much burden could not be laid on the shoulders of those donating organs or the ones receiving it unless there was definite material to establish that there are financial dealings involving between the parties, the judge added.

In another significant direction, the court said the authorisation committee should collect a lump sum amount from the recipient and credit a fixed sum every month to the bank account of the donor for three years.

Explaining the rationale, the judge said the person donating a kidney would require to be nutritiously fed and health complications can arise to her/him in the future. Hence, apart from providing medical insurance coverage, the donor should also receive a certain amount every month, he said.

“All religions proclaim that love and charity are the highest virtues. That is why I hold that the statement by a donor donating out of love and affection for the recipient must be taken at its face value," added Justice Swaminathan.

However, the donor's statement should be rejected if there was definite material evidence to prove that money or money’s worth changed hands, the judgment added.

Oftentimes, the committee’s decision swings in favour if the recipient is well-placed and connected; if not, the permission would be rejected by passing a template order, the court noted.

“The parliamentary intent ought not to be frustrated by adopting a rigid approach; no one needs to take a cynical view that a non-near relative will not donate out of altruistic considerations,” the judge added.

A batch of petitions moved by recipients and non-relative donors sought permission to transfer kidneys to the needy recipients, noting that the hospital was hesitant to forward the papers to the authorisation committee for taking appropriate decisions.

After hearing the petitioners, the judge permitted the petitioners to submit applications in Form – 11 directly before the authorisation committee and directed the committee to scrutinise the applications and pass orders within four weeks.