Background
The petitioner, a businessman from Davangere district, approached the High Court seeking permission to donate one of his kidneys without receiving any monetary or other benefit. He did not seek to select the recipient and was willing to donate to a deserving person identified through the authorised system.
His earlier attempt to donate a kidney about a decade ago could not proceed after objections from his mother and brother. He later renewed his request after receiving their consent.
The issue came before the High Court in August, when the Bench noted that it was dealing with another case involving an altruistic donor willing to donate an organ to an unrelated person. The Court also sought a mechanism through which such donors would not have to approach the High Court each time.
Following the Court's direction, the Institute of Nephrology at Victoria Hospital examined the petitioner. A report dated September 21 stated that there were no medical contraindications to the proposed donation. The petitioner was also counselled about possible risks and the need for informed and voluntary consent.
The Court also considered the State government's submission that it was preparing guidelines for altruistic living organ donation. The Additional Government Advocate informed the Bench that a first draft had been prepared and would be finalised within eight weeks.
Justice Suraj Govindaraj permitted the petitioner to donate one of his kidneys, subject to fulfilment of the remaining requirements and approval by the competent government authorities.
The Court directed that the identity of the recipient and the recipient's family should not be disclosed to the petitioner until and after the donation. Any later disclosure would require the recipient's consent. The petitioner was also directed to approach the State Organ and Tissue Transplant Organisation for further processing.
The Karnataka High Court accordingly permitted the proposed altruistic kidney donation, subject to the applicable medical, statutory and administrative approvals.
