Lawstreet Journal

'No Rule that Poor People Can't Donate Organs': Kerala High Court Directs Authority to Reconsider Plea for Unrelated Kidney Transplantation [READ JUDGMENT]

Lawstreet Journal 2 Oct 2021 8:16pm

Image courtesy: Lawstreet Journal Judiciary 'No Rule that Poor People Can't Donate Organs': Kerala High Court Directs Authority to Reconsider Plea for Unrelated Kidney Transplantation [READ JUDGMENT]

The Kerala High Court recently ruled that a donor's low socioeconomic status does not preclude him or her from donating organs.

It thus allowed a petition challenging the order of the District Level Authorization Committee, which had rejected a woman's application for organ donation on the grounds, among other things, that the donor comes from a poor family.

While deliberating on the petition, Justice P.V. Kunhikrishnan stated:

"I don't understand the respondent's reasoning. There is no barrier to donating organs simply because a donor comes from a poor family... There is no rule that prohibits poor people from donating organs. It is not a sin to be poor. There are many people in our country with big hearts who can save them. That is how we can narrow the gap between the haves and the have-nots."

The Judge also mentioned that the donee comes from a low-income family.

Background:

The petitioner's case was that the first petitioner, Reeja P., is a kidney patient in need of an urgent transplant. She is currently undergoing dialysis three times per week, and the kidneys of her close relatives were not found to be suitable.

Given the dire circumstances, the second petitioner, Saraswathi K, expressed her willingness to donate her kidney to the first petitioner. It is claimed that their husbands worked together for years and that their families are very close.

However, the respondent District Level Authorization Committee denied the petitioner's application, citing the donor's poor family background and the fact that there… Continue Reading...


Tagged: kerala high court  
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