KOCHI: High Court directed that the district-level committee sanctioning organ donation and transplant surgery should not take decisions automatically based on the police verification report. The bench of Justice PV Kunhikrishnan said that the committee should conduct an independent inquiry into the facts. This is in a petition filed by a resident of Kalamassery against the committee's rejection of his application for a kidney transplant. The single bench quashed the Ernakulam District Committee's order denying permission on the grounds that the police verification report was not favourable, and ordered to re-consider the application within ten days and grant permission.
A native of Kodungallur Eriyad is ready to donate a kidney to the petitioner. The High Court had earlier said that the application seeking permission to perform the surgery should be considered without a police verification report. Still, the committee rejected the application based on the police report. Subsequently, the petitioner's wife lodged a complaint with the Kerala Legal Services Authority (KELSA) chairman. KELSA's investigation found that no organ trafficking was happening. After considering this report, the High Court ordered the authorization committee to grant permission for the organ transplant surgery within ten days.
'The police and the committee should try to help a man who is on his deathbed and not deny permission on the grounds of suspicion and technicality that there is a trade behind organ donation.
The committee is doing divine work. It should be ensured that the application is submitted in accordance with the law and regulations and the guidelines issued by the government are followed. If the donors are not related by blood, contact between the donor and the recipient should be prevented to avoid trafficking.'
- High Court