LI Network
Published on: 01 October 2023 at 12:42 IST
The Kerala High Court has emphasized the need to adhere to legal requirements outlined in organ transplant rules and cautioned against diluting these rules on a case-by-case basis.
The court was hearing a plea by kidney patients on life support who were seeking kidney transplantation.
Justice Devan Ramachandran directed the District Level Authorization Committee for Transplantation of Human Organs (DLAC) to determine whether the petitioners needed to obtain a ‘Certificate of Altruism.’
The court stressed that established rules for organ donation should not be relaxed or diluted individually.
The petitioners had faced difficulties as the hospital did not forward their requests for kidney transplantation to the DLAC due to the absence of a Police Clearance Certificate (PCC). They argued that the PCC requirement was outdated based on the Transplantation of Human Organs and Tissues Rules.
Government Pleader Sunil Kumar Kuriakose agreed that a PCC was no longer necessary. He clarified that the petitioners needed a ‘Certificate of Altruism’ from the District Superintendent of Police or Deputy Superintendent of Police, depending on the donor and recipient’s jurisdiction.
The Court emphasized strict compliance with the law to maintain the integrity of the organ donation process. It decided to leave the matter to the DLAC’s discretion after receiving clarification from the Government Pleader.
The Convenor of the Local Committee was instructed to forward the petitioners’ applications and necessary documents, excluding the Certificate of Altruism, to the DLAC within a week.
The DLAC was directed to complete the processes leading to necessary permissions within one month if no Certificate of Altruism was required. If the certificate was deemed necessary, the DLAC was instructed to inform the petitioners within two weeks from the date of receiving applications from the Local Committee. The petitioners would then need to obtain and present the certificate to the Authority in accordance with the law.
The DLAC was tasked with making a final decision on the petitioners’ request within one month from the date on which the Certificate is produced.