Kerala HC: Compensation paid to Donor not Commercial Dealings in Human Organs
April 17, 2018
Case name: Mohamed Abdul Nassar & Anr. v. State of Kerala & ors.
The present case was filed challenging the guidelines for organ transplantation issued by the Health & Family Welfare Department of the State of Kerala. The Petitioner in the case primarily challenged the provision relating to the compensation for altruistic donor, which reads as under:
All medical expenses incurred for donor evaluation and donor surgery must be borne by the recipients. The donor also should be compensated for loss of income which will be limited to Rs.50,000/- (Rupees Fifty thousand only) per month for three months. The donor will be provided with free health insurance during his/her entire life time under any of the Health Insurance Scheme of Government. (2) The recipient who receive organ from an altruistic donor or a swap donor must pay organ utilization fee to KNOS @ Rs.2,00,000/- (Rupees Two lakh only) for covering health expenses of altruistic donor.
The Petitioner alleged that the aforesaid provision was violative of Section 19 the Transplantation of Human Organs Act, 1994 which prohibited commercial dealing in human organs.
Bench’s Verdict:
The Kerala High Court pursuant to determination of the prevailing guidelines dismissed the Petitioner’s plea on the following grounds:
- That the provision only provides that all medical expenses incurred for donor evaluation and donor surgery must be borne by the recipients and that the donor should be compensated for loss of income for three months.
- That the provision further states that the donor will be provided with free health insurance during his entire life time under any of the health insurance schemes of the Government. Similarly, sub clause (2) requires the recipient to pay organ utilisation fee of Rs.2 lakhs for covering the health expenses of the altruistic donor.
- That the aforesaid provisions are intended to take care of the future welfare of the donor and these provisions cannot be construed as one helping commercial dealings in human organs.
The High Court in the case has also invited suggestions on improvement of the impugned guidelines.
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