THE KERALA HC ALLOWED DONATION OF AN ORGAN BY A CRIMINAL, "THERE IS NO ORGAN IN THE HUMAN BODY LIKE A CRIMINAL KIDNEY OR CRIMINAL LIVER OR CRIMINAL HEART"

The Single judge Justice PV Kunhikrishnan of the Kerala High Court recently quashed an order of the District Level Authorization Committee for Transplantation of Human Organs, Ernakulam (Committee), which did not permit a person to donate his kidney because of being a criminal. The Court said that the Transplantation of Human Organs and Tissues Act, 1994 do not make any such distinction against persons with a criminal record and a person without a criminal record. 

The Hon'ble Court firmly rebuked the committee's decision and said that "The decisions of the Committee should inspire people to donate their organs to the needy".

The plea was filed by a man facing severe renal failure, and his family members were not suitable donors. He approached the HC to quash the order passed by the Authorization Committee and to allow his friend to donate his organ. 

The Committee denied his friend a donation due to his criminal records. 

While setting aside the decision of the committee, the Court held that the intention of the legislature while enacting the law was to prevent commercial dealing of organs. No law prohibits a person with criminal antecedents from donating unless they are a drug addict. 

 "There is no organ in the human body like a criminal kidney or criminal liver or criminal heart."

Author: Papiha Ghoshal