Unrelated Organ Transplantation | Local Level Committee Can't Insist On Police Verification Report: Kerala High Court

The Kerala High Court recently reiterated that the Local Level Committee for Renal Transplantation cannot insist on the production of a police verification report to forward an application for unrelated organ transplantation filed under the Transplantation of Human Organs and Tissues Act to the District Level Authorisation Committee. 

Justice V.G. Arun also expressed dissatisfaction over the fact that the Committee was taking insisting on the report even when a life was at stake, despite the matter being already settled in Shoukathali Pullikuzhiyil v. District Level Authorization Committee.

"In view of the settled legal position, the third respondent cannot insist on production of police verification report as a pre-condition for forwarding the application submitted by the petitioner. It is disheartening to note such obstinate stand being taken, even when a person's life is at stake, that too, in spite of the legal position being clearly set out in Shoukathali (supra)."

The 4th respondent herein was suffering from a kidney condition and had to undergo an emergent organ transplantation surgery. The petitioner, who is not a relative of the 4th respondent, volunteered to donate his organ. 

Accordingly, the 4th respondent and the petitioner submitted the application before the Local Leval Committee. However, the Committee did not forward the application to the District Level Authorisation Committee citing that the verification report was not appended to the application. 

Advocates K.V. Jayadeep Menon, T.P. Ramesh, P. Krishnapriya, Jins P. John and Sanal C.S appeared for the petitioner and contended that verification through the police and certificate of altruism are not mandatory in all cases, and it is for the Authorisation Committee to call for the report if warranted. Therefore, it was argued that the local level committee was bound to accept the application and refer the matter to the District Committee immediately. 

It was also pointed out that the High Court, in similar cases, had directed the local level committee to accept the application and forward the same without insisting on the certificate of altruism.

Government Pleader P.S. Appu, Advocates R.S. Kalkura and P. Rajeev appeared for the respondents in the matter.

The Court, in view of the settled legal position, observed that the local level committee for renal transplant cannot insist on the production of a police verification report as a pre-condition for forwarding the application submitted by the petitioner.

Thereby, the local level committee was directed to forward the applications submitted by the 4th respondent and the petitioner without insisting on the production of a police verification report. Upon the receipt of the applications, the Court has directed the District Level Authorisation to take appropriate decisions within two weeks. 

Case Title: Salikuttan N. v. State of Kerala & Ors. 

Citation: 2022 LiveLaw (Ker) 437

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