Ensuring donors’ welfare is chief aim of government’s guidelines, says High Court

KOCHI: The provisions in the guidelines issued by the state government for organ donation are intended to take care of the future welfare of the donor and the provisions in it cannot be construed as one helping commercial trade in human organs, the Kerala High Court has held, while dismissing a petition filed by Mohamed Abdul Nassar of Malappuram challenging the provisions in the guidelines including the compensation for an altruistic donor.

The petitioner had contended these provisions are against the spirit of the provisions of the Transplantation of Human Organs Act, 1994 and in particular, Section 19 which prohibits commercial dealing in human organs. If the provisions in the guidelines are to be implemented,they will only result in encouraging commercial trade in human organs.

However, the HC held the provision only states all medical expenses incurred for donor evaluation and donor surgery must be borne by the recipients and the donor should be compensated for the loss of income for three months.Also, the donor has to be provided with free health insurance during his entire lifetime under any of the health insurance schemes of the government.

Similarly, subclause (2) requires the recipient to pay organ utilisation fee of `2 lakh for covering the health expenses of the altruistic donor. The court made it clear  these provisions are intended to take care of the future welfare of the donor. Hence, there is no illegality in the matter, according to the order.
According to the High Court, if the petitioner or anyone else has any suggestion for improvement of the guidelines, they ought to bring it to the notice of the Secretary to the government, Health and Family Welfare Department. If they are indeed constructive, the suggestions will be incorporated, the court said.