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Judgment
The petitioners in this batch of writ petitions are
patients suffering from renal failure. It is stated that all
of them have been advised that kidney transplantation is
the only alternative available to save their lives.
The Transplantation of Human Organs and
Tissues Act, 1994 (the Act) as also the rules made
thereunder, viz, Transplantation of Human Organs and
Tissues Rules, 2014 (the Rules) contemplate
transplantation of organ from non-relatives only by
reason of affection or attachment towards recipient or for
other special reasons. In other words, the Act and the
Rules prohibit commercial dealings between donor and
recipient for organ.
Petitioners are persons who are unable to find
out donors of organ from among their relatives. As such,
as noted above, transplantation is possible in their cases
only if somebody is willing to donate their organ for any
special reason without involving any commercial dealings.
It is stated by the petitioners that there are persons who
are willing to donate their organ for special reasons and
such persons could be located only if an appropriate
advertisement is given in the media for the said purpose.
It is the case of the petitioners that the print media is not
permitting advertisement inviting donors, who are willing
to donate their organs for special reasons. According to
the petitioners, there is no prohibition in advertising for
donors and the question as to whether there exists a
special reason is a matter for the Authorisation committee
to decide before the transplantation. The petitioners, in
the circumstances, preferred representations before the
Government for permission to advertise their requirement
and the writ petitions are preferred alleging that the
Government is not taking any action on the said
representations.
Heard the learned counsel for the petitioners
as also the learned State Attorney.
The learned State Attorney, on instructions,
submitted that petitioners can advertise without
contravening the provisions contained in the Act and the
Rules.
On a perusal of the provisions contained in the
Act and the Rules, I also do not find any impediment in
advertising the requirement of the petitioners for, the
statute provides for a check to ascertain whether the
donation is in accordance with the provisions contained in
the Act and Rules, in the form of permission by the
Authorization Committee, before the transplantation is
undertaken.
In the circumstances, the writ petitions are
allowed and the petitioners are granted permission to
advertise their need for human organ in print media.