LI Network
Published on: December 26, 2023 at 13:22 IST
The Kerala High Court reprimanded the Deputy Superintendent of Police (Dy.SP), Thrissur Rural, for denying a Letter of Altruism to a maid willing to donate her organ to her former employer suffering from renal failure.
Justice Devan Ramachandran criticized the refusal, stating that it was based on unwarranted assumptions about the donor’s intentions due to her modest financial background.
The SHO of the Valapad Police Station had raised concerns about the petitioner’s financial status, asserting that the organ transplantation was not driven by genuine altruism but financial need.
The Court referred to the decision in Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, emphasizing that presuming financial gain as the motive for organ donation is an affront to individual dignity and constitutional principles.
The petitioners, the maid, and her husband sought the Letter of Altruism for organ donation due to the second petitioner’s advanced renal failure. The Dy.SP’s refusal hindered their submission of documents to the Authorization Committees for Renal Transplantation.
The government pleader cited lack of phone calls between the parties and the petitioner’s financial status as reasons for rejection. However, the court found these reasons insufficient, stating that the petitioner’s attachment to the employer’s family did not necessarily require constant phone communication.
Addressing the suspicion about the legality of the petitioner’s marriage, the court deemed it irrelevant to the organ donation process.
The Court directed the District Level Authorization Committee to proceed with the case based on submitted documents, bypassing the need for the Letter of Altruism. The petitioners were granted liberty to proceed with the organ transplant upon the DLAC’s orders.
The Court concluded that the authorities’ grounds for suspicion had become tenuous, emphasizing the need to prioritize the dignity and respect of individuals involved in organ donation cases.
Case Title: Deepa P.M. & Anr. v. State of Kerala & Ors.
