Case Note & Summary
The petitioners, Smt. Shailaja Madathil Valappil (recipient) and Smt. Sasidha M.P. (donor), filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The petitioner no.1 suffered from end-stage renal failure and was on haemodialysis for three years. The petitioner no.2, who is the sister-in-law of petitioner no.1 (married to petitioner no.1's brother), offered to donate one of her kidneys. The State Level Authorization Committee for Transplantation of Human Organs (respondent no.1) issued a certificate in Form 18 dated 12.12.2019 withholding permission for the transplant, citing lack of consent from the donor's father. The petitioners sought to quash this certificate and direct the Committee to consider the donation without insisting on the father's consent. The court examined the definition of 'near relative' under Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994, which includes father, mother, etc. However, the court held that for a married woman, her father is not her 'near relative' as she becomes part of her husband's family after marriage. The court reasoned that the father's consent is not required for organ donation by a married woman. The court also noted that the Authorization Committee's power under Section 9(4)(b) is to ensure compliance with the Act, and it cannot impose additional requirements not provided by law. The court allowed the petition, quashed the impugned certificate, and directed the Committee to reconsider the application without insisting on the father's consent.
Headnote
A) Transplantation Law - Near Relative - Definition - Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994 - The term 'near relative' includes spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, granddaughter. However, for a married woman, her father is not her 'near relative' as she becomes part of her husband's family after marriage. The father's consent is not required for organ donation by a married woman. (Paras 4-6) B) Transplantation Law - Authorization Committee - Power to Withhold Permission - Section 9(4)(b) of the Transplantation of Human Organs and Tissues Act, 1994 - The State Level Authorization Committee cannot withhold permission for organ donation solely on the ground that the donor's father has not consented, when the donor is a married woman and the father is not a 'near relative' under the Act. The Committee's order dated 12.12.2019 was quashed. (Paras 7-8) C) Constitutional Law - Writ Jurisdiction - Certiorari - Articles 226 and 227 of the Constitution of India - The High Court can issue a writ of certiorari to quash an order of the Authorization Committee that is based on an erroneous interpretation of law and without jurisdiction. (Para 1)
Issue of Consideration
Whether the father of a married woman is a 'near relative' under Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994, and whether his consent is required for her to donate a kidney to her sister-in-law.
Final Decision
The High Court allowed the writ petition, quashed the certificate in Form 18 dated 12.12.2019 issued by respondent no.1, and directed respondent no.1 to reconsider the application of the petitioners for organ donation without insisting on the consent of the donor's father.
Law Points
- Interpretation of 'near relative' under Section 2(i) of the Transplantation of Human Organs and Tissues Act
- 1994
- Consent of father not required for married woman's organ donation
- Authorization Committee's power under Section 9(4)(b) of the Act
- Writ of Certiorari against administrative order
