Organ Donation – No presumption of exploitation if the organ donor comes from disadvantaged class of the society – Refusal of the Committee to give permission – Illegal

Organ Donation – No presumption of exploitation if the organ donor comes from disadvantaged class of the society – Refusal of the Committee to give permission – Illegal

Respondent no.3 District Level Authorization Committee passed the order refusing permission for organ donation by the petitioner no.2 to the petitioner no.1 since it was not for altruism.

It was contended that the petitioner no.2 is from disadvantaged social background and the versions of the parties before the Committee were inconsistent.

HELD that there was no consistency and the Committee was swayed by the social status of the donor to presume that organ donation was for exploitation.   The matter was remanded to the Committee.

Order dated 6.11.2023  in W.P.(Civil) No.35672 of 2023 of the Kerala High