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All these writ petitions are disposed of by a common order since the issues raised therein are identical.

2.The first petitioners in these writ petitions were admitted for renal failure in the second respondent hospital. They are undergoing regular dialysis. Kidney transplantation is the only solution. The second petitioners have come forward to donate their kidneys in favour of the corresponding first petitioners. But the donors who have given consent for transplantation are not “near relatives.” Hence, prior approval from the Authorisation Committee (first respondent) is statutorily required in each case. The hospital is hesitant to forward the papers to the Authorisation Committee for taking appropriate decision. In these circumstances, the present writ petitions came to be filed.

8.Kidney transplantation is done mostly from living donors. Though the Act does not ban donation of kidney in favour of a person who is not a near relative and the only restriction is that transplantation can be done only after prior approval by the State Authorisation Committee, yet the transplant surgeons are hesitant to carry out kidney transplants between unrelated persons. The learned counsel for the second respondent states that the doctors are in a state of fear as they are not in a position to handle the backlash if something goes wrong. That is why, the hospitals or the doctors do not forward the applications to the Authorisation Committee on their own. This has led to filing of many cases before this Court only for the purpose of securing direction for forwarding the applications for approval https://www.mhc.tn.gov.in/judis  by the Authorisation Committee. I endorse the suggestion made by the learned counsel for the second respondent that in future, there is no need to file writ petitions only for this relief. This is because the Act does not contemplate such a course of action. Application in Form – 11 for approval is to be jointly signed and submitted by the prospective donor and prospective recipient directly before the Authorisation Committee. The applications can be submitted in person or through registered post or through online mode. It is for the State Government to issue guidelines regarding the mode of submission. Till such guidelines are issued, it is open to the parties to choose. The application must be submitted along with the completed Forms. I exonerate the hospitals from undertaking the task of forwarding the applications.

10.{Rule 5(3) opens thus:

“The registered medical practitioner shall, before removing any human organ or tissue from a living donor, shall satisfy himself -” https://www.mhc.tn.gov.in/judis  Rule 5(3) employs “shall” twice. Human beings are endowed with two kidneys though one would suffice. Rule 5(3) also would do well with one “shall”. It is for the grammarians to comment on this.}

(ii) The Intending couple/woman shall sign an affidavit to be sworn before Metropolitan Magistrate or a Judicial of First Class or https://www.mhc.tn.gov.in/judis  an Executive Magistrate or a Notary Public giving guarantee as per the Section 22(4)(ii) of the Assisted Productive Technology (Regulation) Act, 2021.”

27.The function of the Authorisation Committee is not to stop with scrutinizing the application and granting approval. They have an obligation to ensure that the needs of the donor are met. A person donating kidney would require to be nutritiously fed. Health complications can arise in future. Section 2(k) of the Act which defines payment excludes defraying of certain expenditures from its purview. The recipient is obliged to defray and it is the duty of the Authorisation Committee to see to it that this obligation is discharged. Apart from taking medical insurance coverage in favour of the donor, a lump sum deposit shall be directed to be made to the credit of the Authorisation Committee. The committee shall issue directions for crediting a fixed sum every month in the bank account of the donor for a period of three years. This arrangement will ensure direct transfer of benefit to the donors. Thus, the physical and medical needs of the donor will be met for a certain period. The individual details can be worked out on a case to case basis by the Authorisation Committee. No straight jacket formula can be laid down. Making of such provision by the Authorisation Committee will not any way run counter to the statutory scheme of the Act. https://www.mhc.tn.gov.in/judis