The Kerala High Court has held that the mere involvement of a proposed organ donor in criminal cases cannot, by itself, prevent the donor from being considered for kidney transplantation under the law.
Justice Harisankar V. Menon passed the order on September 9, 2026, in a writ petition concerning a proposed kidney donation by a close friend of the petitioner.
Background
The petitioner, Muhammed Jishar A, was undergoing treatment for chronic kidney disease at Lakeshore Hospital and required a kidney transplant. His close friend, Frijo C.F., aged 34, had come forward to donate one of his kidneys.
An application seeking approval for the transplantation was submitted under the Transplantation of Human Organs and Tissues Act, 1994. During the process, authorities sought a Certificate of Altruism. A police report stated that the proposed donor had been involved in five criminal cases registered at different police stations in Thrissur district.
The petitioner contended that, based on the police report, the hospital was not forwarding the documents to the District Level Authorisation Committee for consideration.
The High Court found that the existence of criminal cases against the proposed donor could not, on that ground alone, prevent consideration of the organ donation application.
"Merely because a person has been involved in certain criminal cases, it cannot be said that the statute interdicts such person from coming forward as a donor in terms of the provisions of the Act."
The Court also referred to an earlier Kerala High Court decision, Radhakrishna Pillai v. District Level Authorisation Committee, Ernakulam, which held that the criminal antecedents of a donor cannot be treated as a ground for consideration in matters of organ donation.
Justice Harisankar V. Menon directed the hospital to place the pending papers before the District Level Authorisation Committee.
The Committee was directed to consider the application in accordance with law, keeping in view the principles laid down in the earlier judgments referred to by the Court, including Uvais Muhammad K.C. v. State of Kerala and Shareef M. v. State of Kerala.
Case Details:
Case Title: Muhammed Jishar A v. Lakeshore Hospital & Research Centre Ltd. & Ors.
Case Number: WP(C) No. 27077 of 2026
Judge: Justice Harisankar V. Menon
Decision Date: September 9, 2026
