Topic

Organ Transplantation

3 articlesLatest July 2026
Certificate of Altruism Not Automatically Mandatory for Organ Donation | Case-by-Case Assessment Required Under THOA : Kerala HC
Case Law Analysis
|Kerala High Court

Certificate of Altruism Not Automatically Mandatory for Organ Donation | Case-by-Case Assessment Required Under THOA : Kerala HC

The Kerala High Court ruled that authorities cannot impose a Certificate of Altruism as a blanket requirement for organ donation. Each application must be evaluated individually under the Transplantation of Human Organs Act, ensuring procedural fairness and protecting donors from unnecessary bureaucratic barriers without evidence of commercial intent.

THOTA Rules Rule 12(3) | Reasoned Order Mandatory Before Rejecting Organ Transplant Application: Kerala HC
Case Law Analysis
|Kerala High Court

THOTA Rules Rule 12(3) | Reasoned Order Mandatory Before Rejecting Organ Transplant Application: Kerala HC

The Kerala High Court has ruled that rejecting a kidney transplant application without a reasoned order violates procedural fairness under the Transplantation of Human Organs and Tissues Act. Authorities must now conduct a fresh evaluation, including a police verification report and a hearing, ensuring transparency and accountability in transplant approvals affecting life-or-death medical decisions.

Article 21 & Organ Transplant Law | Foreign-Resident Indians Entitled to Approval Without Local Documents : Telangana HC Upholds Right to Life
Case Law Analysis
|Telangana High Court

Article 21 & Organ Transplant Law | Foreign-Resident Indians Entitled to Approval Without Local Documents : Telangana HC Upholds Right to Life

Telangana High Court rules that Indian citizens residing abroad cannot be denied organ transplant approvals for lack of local documents like Aadhar, holding that passport and consulate-attested proofs suffice. The judgment reinforces that administrative hurdles cannot override the fundamental right to life under Article 21, directly impacting foreign-resident Indians seeking medical treatment in India.