Human organs are not criminalsAlthough organ donation is a great gift, the conditions for it are complex. Although there is no need to seek caste, religion or character certificate without the full consent of the adult for organ donation, the expert committees that need to approve it seem to complicate matters rather than simplify it. It is against this backdrop that the seriousness of the observation made by Kerala High Court Judge PV Kunhikrishnan is becoming more prominent. The remarkable reference in the order quashing the decision of the Ernakulam District Authorization Committee, which denied permission to donate the kidney of the accused in the criminal case, was that there was no guilty heart, kidney or liver in the human body.
The expert committee had rejected the request of his friend and driver R Sajeev from Thiruvananthapuram seeking permission to donate a kidney to Radhakrishna Pillai from Kollam. Sajeev was denied permission on the grounds that he was a defendant in a criminal case. The court ruled that though the donor was a defendant in a criminal case, that should not be considered by those seeking permission for organ donation and that the decision should be reconsidered within a week.
The court also directed the state chief secretary to consider and decide on applications for the organ transplants within a week. The court order is promising for those waiting for an organ transplant.
The court also shared some thought-provoking points to make people aware that there should be no discrimination in this matter. The main quote was from Pottantheyyam Thottampattu in Malabar. The court observed in the judgment that the color of the blood flowing in the human body is the same, and people should not be discriminated according to size or colour.
Pottan Theyyam is believed to be an incarnation of Lord Shiva. Pottan Theyyam Thottampattu seeks to eradicate social evils, including casteism, and aims to maintain religious harmony. The court also opined that Pottantheyam should be played all over Kerala. It hoped that Culture Minister Saji Cherian would be paying attention to it.
The government has ruled that those convicted are also eligible for organ donation. Then the judging committees must act with humanity. In the state itself, 2024 people are registered for kidney, 643 for liver and 50 for heart. The project has resuscitated 913 people through the organs of 323 people since 2012. This is a very small number.
In addition to this scheme, applications for voluntary organ donation should be considered. The lenient approach of the authorities is essential in this area which needs great awareness. Dr. HV Eshwar, Head, Department of Neurosurgery, Sree Chitra Institute of Medical Sciences, has been lauded for saluting a young woman who had recently consented to an organ donation following her husband's brain death. It is hoped that the references of the Kerala High Court will further promote organ donation.