Calcutta High Court Intervenes to Grant Life-Saving Kidney Transplants for Two Women
In a significant judicial intervention, the Calcutta High Court has directed the state's health department to permit kidney transplants for two women suffering from renal failure, overturning delays by the authorisation committee. The court's March 6 order mandated the committee to finalise decisions within 24 hours and required hospitals to proceed with transplants within the next 24 hours, leading to permissions being granted on March 11.
Case Details: Two Patients Awaiting Transplants
The cases involve two separate petitioners from different backgrounds but sharing a common plea for written refusal from the committee. Both patients had exhausted options for donors among close relatives and relied on unrelated volunteers offering kidneys on humanitarian grounds.
Narendrapur Woman's Medical Journey
Diagnosed with kidney problems on November 4, 2021, this patient began dialysis on November 27, 2021. Kolkata's Belle Vue Clinic advised a transplant by May 30, 2025. Unable to find a suitable donor among relatives, a family friend volunteered, prompting the legal battle for approval.
Madhya Pradesh Woman Residing in Lake Gardens
This patient was diagnosed on February 5, 2024, and advised for renal transplantation by Kolkata's ILS Hospital the same day. After treatment in both Madhya Pradesh and Bengal, with no willing close relatives, a friend of her husband from Noapara with O-positive blood group volunteered to donate.
Authorisation Committee's Delays and Suspicious
The committee scheduled meetings for the Narendrapur woman on October 14, 2025, and January 13, 2026, and for the Madhya Pradesh woman on September 9, 2025. Despite positive reports from authorities, including affidavits before magistrates and police verification confirming no financial dealings, the committee rejected requests. Authorities cited suspicions that documents from 2019 appeared freshly prepared, questioning the authenticity of the donor-recipient relationship.
Court's Scrutiny and Legal Framework
Justice Krishna Rao's bench considered hospital certificates detailing urgent medical conditions, affidavits by donors declaring voluntary donation on humanitarian grounds, and police verification reports. The court referenced Section 9(3) of the Transplantation of Human Organs and Tissues Act, 1994, and Rule 23, which requires expedited decisions in urgent cases.
Judicial Observations and Key Takeaways
The court criticized the committee's refusal as flimsy, noting that once donors submitted affidavits and police verified no financial transactions, permission should not have been denied. It emphasized that Rule 23 mandates pragmatic action in urgent transplant cases, which the committee failed to uphold. The ruling highlights that when proper documentation is in place, delays cannot be justified.
Impact and Upcoming Procedures
As a result of the court order, the Madhya Pradesh woman is likely to undergo transplantation this week, while the Narendrapur woman is scheduled for next week. This decision sets a precedent for expediting life-saving organ transplants in cases of bureaucratic delays, ensuring patients receive timely medical interventions.
