KERALA HIGH COURT: MERELY BECAUSE DONOR HAILS FROM DISADVANTAGED SOCIAL BACKGROUND, CANNOT PRESUME THERE IS EXPLOITATION ORGAN DONATION

The Kerala High Court in the case Ramachandran P v State of Kerala observed and has held that the District Level Authorization Committee, DLAC cannot deny the authorization for organ donation which is based on an assumption that the donor was exploited as she was from a disadvantaged community.

The bench headed by Justice Devan Ramachandran in the case observed and has stated that the DLAC cannot assume or presume based on the social status of the donor that the organ was not offered out of affection and altruism.

The court stated that, I am guided to the impression that ‘DLAC’ appears to have taken the afore view being swayed by the social status of the donor, who appear to be from a disadvantaged one; and thus, somehow has presumed that she appears to be subjected to exploitation by the 1st petitioner.