In a significant ruling, the Kerala High Court has provided a fresh opportunity for two women from different faiths to prove their emotional bond, paving the way for a potential kidney transplant. The court intervened after state authorities rejected their application due to inconsistencies in statements from family members.
Court Cites Overlooked Evidence in Initial Rejection
Justice Shoba Annamma Eapen, presiding over the case on Tuesday, December 16, 2025, observed that the previous rejections by the District Level Authorisation Committee for Renal Transplantation and the state government failed to properly consider the documents submitted by the applicants. The court noted that the authorities had based their decision on inconsistent statements given by the recipient's son-in-law and the donor's husband, without adequately evaluating other evidence.
The joint petition was filed by a 62-year-old kidney patient and her 36-year-old prospective donor, who are unrelated by blood but claim a strong friendship. Their request for a live kidney transplant was denied under Section 9(5) of the Transplantation of Human Organs and Tissues Act, 1994, as they could not establish a "satisfactory link" or the circumstances prompting the donation to the committee's satisfaction.
Documents Supporting the Donation
The court took into account several key pieces of evidence that were previously presented:
- An altruism certificate from an assistant commissioner of police, confirming the donor's voluntary and willing consent.
- A letter from a Member of Parliament attesting that both parties were known to her and that no commercial transaction was involved.
- The court also considered the donor's personal circumstances, including her two children and her husband's health issues involving blood pressure and memory loss.
The women's connection reportedly began when the recipient's son-in-law undertook contract work for an IT company where the donor's husband was employed. Their legal counsel, Advocate K Sandesh Raja, argued that the rejection lacked proper reasoning and ignored the submitted documents.
Legal Battle and Broader Implications
The state's pleader defended the original rejection, stating it was based on valid grounds, specifically the failure to prove a genuine emotional link and concerns about the donor's vulnerability. The authorization committee had emphasized the absence of proof of a "genuine emotional bond" as a key reason for denial.
By directing the concerned authority to reconsider the matter, the Kerala High Court has underscored the need for a holistic examination of such sensitive cases. This decision brings renewed hope to the petitioners and also highlights the complex interplay between medical ethics, legal frameworks, and human relationships in India's organ transplantation landscape. The case underscores the challenges faced by unrelated donors in navigating the stringent regulations designed to prevent organ trafficking.
