The Kerala High Court has directed the Principal Secretary of the Health Department to decide within two weeks an appeal against the order of the District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam. The committee had denied permission for an unrelated renal transplantation on the grounds that the link between the donor and recipient was not believable, as they belonged to different religions.
Case Background
Justice P. Krishna Kumar issued the order in a petition filed by Sajeena of Alappuzha, the proposed donor, seeking a direction to dispose of the appeal for permission to conduct the renal transplantation of Shaju Xavier of Puthencruz, Muvattupuzha. Sajeena, a Muslim woman residing near Krupasanam Marian Shrine, Kalavoor, is a regular visitor to the shrine. She has a close acquaintance with Shaju's wife, who is also a regular visitor there. It was further stated that when Shaju's wife underwent surgery, the petitioner stayed at their house in Puthencruz to take care of her.
Donor's Voluntary Offer
Upon learning about Shaju's illness, and since the organs of his close relatives were found unsuitable for transplantation, the petitioner voluntarily expressed her willingness to donate her kidney to him. The Deputy Superintendent of Police, Ambalappuzha, also certified that although the proposed donor had no close relationship with the recipient, her sole intention was to save another human life.
Committee's Rejection
However, while considering the application seeking permission for Shaju's renal transplantation, the District Level Authorisation Committee rejected it, observing that since the recipient was a Christian and the donor was a Muslim, their explanation regarding the link between them could not be believed.
Appeal Filed
Despite filing an appeal before the Health Department Principal Secretary, no decision had been taken, prompting Sajeena to approach the High Court. The petitioner further contended that Shaju's health condition had worsened and that an urgent order permitting the renal transplantation was necessary.
Court's Directive
Accordingly, the High Court disposed of the petition by directing the Principal Secretary to decide the appeal within two weeks, emphasizing the urgency due to the deteriorating health of the recipient.
