The Madras High Court has granted permission to a woman from West Bengal to donate one of her kidneys to her son, overturning the requirement by the Directorate of Medical Education and Research for a DNA test to establish the biological relationship. Justice GR Swaminathan, presiding over the case, expressed dismay at the rejection of the petitioners' request, noting that the donor claimed the recipient was her biological son.
Court's Observation
Justice Swaminathan remarked, "When the donor claims that the recipient is none other than her own biological son, this court is unable to understand as to why the request of the petitioners has been casually ignored." Referring to a prior similar case, the judge highlighted that when a non-relative asserts that the donation is altruistic and not for commercial gain, such a statement cannot be challenged.
Evidence Presented
The court noted that the birth certificate, PAN card, and Aadhaar card clearly established the donor and recipient as biological mother and son. Applying the principle of preponderance of probabilities, the judge was satisfied that they were indeed mother and son. The court directed the authorisation committee to grant permission without delay, ensuring the kidney transplantation procedure could proceed promptly, preferably by the following week.
This decision underscores the judiciary's stance on facilitating organ donations when clear documentation supports the relationship, without imposing unnecessary bureaucratic hurdles that could delay life-saving procedures.
