The Kerala High Court has received a significant submission stating that public appeals for organ donors, issued by the state transplant body or others, go against the fundamental principles of the Transplantation of Human Organs and Tissues Act. The Transplantation Advisory Committee warned that such practices could lead to serious negative consequences in society.
Petition Seeks to Curb Organ Commercialisation
The court, comprising Chief Justice Nitin Jamdar and Justice V M Syam Kumar, is hearing a public interest petition filed by a 19-year-old from Thrissur. The petitioner has called for stringent measures to prevent the commercial trading of human organs. In his plea, he specifically requested the court to direct the state government to issue periodic press releases inviting altruistic donors. He also sought the creation of a dedicated platform or bank account to accept public and Corporate Social Responsibility (CSR) funds to support such donors.
Committee's Alternative: An Anonymous Online System
In a detailed memo submitted to the court, the advisory committee rejected the idea of public appeals. Instead, it recommended developing a secure online platform where individuals can anonymously express their willingness to donate organs for altruistic reasons. The committee emphasised that donor identities must be strictly protected.
The panel further advised that the Kerala State Organ and Tissue Transplant Organisation (K-SOTTO) must create a foolproof mechanism to assess the medical, physical, and psychological fitness of potential living donors. This is a critical step to ensure donor safety and ethical practice.
Streamlining Procedures and Reducing Delays
The committee's memo highlighted several procedural improvements. It noted that the timelines for processing living organ transplant applications, as endorsed by the National Organ and Tissue Transplant Organisation (NOTTO), are now being implemented in Kerala. To expedite approvals, it recommended moving the proceedings of the District Level Authorisation Committee (DLAC) to a fully online platform. This digital shift would allow for faster processing and enable committees to handle urgent, time-sensitive cases more promptly.
Addressing a key grievance from the petitioner, the committee acknowledged the cumbersome process of obtaining multiple certificates from various government offices for DLAC applications. It suggested that new guidelines be issued to minimise and streamline these certificate requirements, reducing the burden on patients and their families.
Next Hearing Adjourned to December 12
During the proceedings, the government pleader informed the court that the committee has requested an additional 15 days to finalise its comprehensive report on the current issues and recommendations concerning organ transplantation in the state. Accepting this request, the High Court adjourned the hearing of the petition to December 12, 2024.
