“A man is in the death bed. He is hoping that he will get a life from another person. The Authorization Committee and Police shall always try to help the man in the death bed rather than to find out some technicalities and unsupported suspicions to conclude that there is commercial transaction or money transaction” remarked Justice P.V. Kunhikrishnan of Kerala High Court in the case of Biju Mathew v. Deputy Superintendent Of Police Kodungallur.
The bench also observed that the Authorization Committee and Police in case of organ donation should always try to help the patient on the death bed, rather than to find out some technicalities and unsupported suspicions to reach to conclusions.
The bench also noted that the Authorization Committee’s duty is divine while considering such application. Therefore, it must hold an enquiry independently. It should also satisfy itself that the applicants have complied with all the requirements of the Transplantation of Human Organs and Tissues Act, 1994 and Rules made thereunder.
In the present matter, the petitioner was suffering from an advanced chronic kidney disease where the doctors advised urgent renal transplantation to save his life. Petitioner no 2 in the matter who was a well-wisher and family came forward to donate his kidney. However, the Hospital demanded a police verification report from Respondent no.1- Deputy Superintendent, even after the submission of the application.
According to the police verification report the donor, also the petitioner no. 2 had no specific relationship/friendship to the patient. Therefore, the enquiry officer was of the opinion that the organ transplantation is only based on financial interest.
“If the thinking of human beings is not to live forever, but to help another live a little longer, the god and our fellow citizens will bless us. That should be the slogan for encouraging human organ donation”, the bench also observed.
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