The Kerala High Court has directed the State Government to accept and implement recommendations aimed at improving organ donation and transplantation facilities in the State, including the introduction of a digital platform for voluntary organ donation and a more transparent allocation system.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. disposed of the writ petition after considering recommendations made by the Advisory Committee and directions previously issued by the Supreme Court concerning organ transplantation.
The recommendations include measures for facilitating altruistic organ donations, introducing kidney swap transplantation programmes and simplifying approval procedures for patients requiring organ transplants.
Background
The petition was filed by Advaith M. through a writ petition before the Kerala High Court, raising issues concerning organ transplantation arrangements and related regulatory mechanisms in the State.
During the hearing, the State Government placed before the Court the report of an Advisory Committee meeting held on November 19, 2025. The report contained several recommendations intended to strengthen Kerala's organ donation framework and improve access to transplantation facilities.
One of the key proposals was to establish a digital platform through which members of the public could voluntarily offer organs such as kidneys or portions of their liver, as well as skin for therapeutic purposes.
The Advisory Committee recommended that the Kerala State Organ and Tissue Transplant Organisation (KSOTTO) develop the proposed digital platform in consultation with the National Organ and Tissue Transplant Organisation (NOTTO).
Under the proposed arrangement, KSOTTO would exclusively invite applications from unrelated living altruistic donors. The process would maintain confidentiality and anonymity. The organisation would also bear the expenses of medical, psychological and socioeconomic assessments of donors, with the possibility of recovering those costs from recipients after successful transplantation.
The report further proposed a structured allocation mechanism for kidneys, livers and skin. It included consideration of the donor's preferred transplant centre, medically suitable recipients, regional and State-level waiting lists, and opportunities for kidney swap donations.
The Committee also recommended introducing a digital system to assess the number of patients suffering from end-stage kidney, liver and heart diseases requiring transplantation.
During the proceedings, the Court was referred to the Supreme Court's decision in Indian Society of Organ Transplantation v. Union of India, reported in 2026 (1) KHC 91 (SC).
The Supreme Court had emphasised the need for uniform national transplantation guidelines, accessible digital systems for swap transplantation and safeguards for living donors.
It had also called for measures to prevent commercialisation and exploitation of donors while ensuring informed and voluntary consent.
After examining the Supreme Court's directions and the Advisory Committee's recommendations, the High Court observed that the State Government must take the necessary steps to implement the proposed measures.
The Bench held:
"The learned counsel for the 4th respondent has drawn our attention to paragraph 19 of an order passed by the Hon'ble Supreme Court in Indian Society of Organ Transplantation v. Union of India where-from it appears that the Hon'ble Supreme Court has issued the following directions."
The Court further stated:
"In view of the directions in Indian Society of Organ Transplantation (supra) and also the recommendations of the Advisory Committee, it is now the duty of the State to accept and implement the said recommendations."
With this direction, the Kerala High Court disposed of the writ petition.
Case Details
Case Title: Advaith M. v. State of Kerala & Others
Case Number: WP(C) No. 4269 of 2025
Judges: Chief Justice Soumen Sen and Justice Syam Kumar V.M.
Decision Date: November 11, 2026
