The Karnataka High Court on Wednesday permitted a 52-year-old bachelor to donate one of his kidneys altruistically to a deserving, unrelated recipient.

Justice Suraj Govindaraj passed the order after taking note of a medical report submitted by the Institute of Nephro Urology at Victoria Hospital, Bengaluru.

Pertinently, the State government informed the Court that it is framing guidelines laying down a mechanism for dealing with cases of altruistic organ donation.

The petitioner had approached the High Court seeking permission to donate one of his kidneys to a deserving recipient without seeking any monetary consideration or other benefit.

The petitioner told the Court that he is a bachelor who has been living independently for more than 16 years. His mother and brother are his close family members, but neither is dependent on him.

The petitioner expressed his willingness to donate one of his kidneys to any deserving recipient, irrespective of caste, religion, financial status or personal relationship, while maintaining confidentiality regarding the identities of the donor and recipient.

The petitioner initially approached a hospital during 2015-16, when a compatible recipient was identified on June 4, 2016. However, the proposed donation could not proceed after his brother objected to the donation.

Subsequently, after his mother and brother consented to his decision to make an altruistic donation, the petitioner approached the High Court seeking appropriate directions.

The issue first came up before the Court on August 25, when the Bench noted that it was the second case involving a person seeking to donate an organ altruistically to an unrelated third party.

The Court had also taken note of the submission made by petitioner's counsel SV Joga Rao that several other persons could be willing to come forward to make altruistic organ donations.

In view of the possibility of similar cases arising in the future, the Court called upon the State to ascertain whether any mechanism or policy was already available for dealing with altruistic organ donations involving donors and recipients who had no familial or other recognised relationship.

The Bench had further observed that in the absence of a defined procedure, a willing donor may be required to approach the High Court for directions before the proposed donation could be considered by the competent authorities.

The Court also highlighted the time-sensitive nature of organ transplantation.

The Court, therefore, called upon the State to consider putting in place a clear, transparent and time-bound mechanism for dealing with cases of altruistic organ donation.

Following the August 25 order, the State informed the Court on August 31 that there was no policy in force specifically dealing with altruistic organ donation. The State, however, submitted that the issue would be considered.

The Court thereafter directed the Additional Government Advocate Mohammed Jaffar Shah to inform the Director of the Institute of Nephro Urology at Victoria Hospital about the petitioner's case and consider it as an altruistic donation.

The petitioner was directed to appear before the Director of the institute on September 8 for medical examination.

The Court also directed that if the petitioner was found medically fit and the donation would not cause harm or injury to him, his request could be processed for identifying a suitable unrelated recipient based on seniority matching and criticality of the requirement.

A report dated September 21 was subsequently placed before the High Court. It stated that the petitioner had been examined and found fit for kidney donation.

The report also recorded that the petitioner had been counselled regarding the potential risks associated with kidney donation, including possible future renal and cardiovascular complications, renal failure and the possibility of requiring renal replacement treatment. He was also advised about the importance of adequate medical control and regular follow-up.

The institute stated that if, after understanding the associated risks, the petitioner took an informed and voluntary decision to proceed with the donation, he could approach the State Organ and Tissue Transplant Organisation (SOTTO) for further processing.

SOTTO is the competent authority for processing the donor's request and identifying a suitable recipient based on seniority matching and the criticality of the requirement across Karnataka.

When the matter was heard today, the Additional Government Advocate informed the Court that the Health Department was also formulating guidelines governing altruistic living organ donation.

“A first draft of it having been prepared, it will be finalised within a period of eight weeks,” the AGA submitted.

The submission was taken on record by the Court.

In view of the medical report, the High Court permitted the petitioner to donate one of his kidneys, subject to satisfaction of all other conditions and approval by SOTTO.

The Court also directed that the identity of the recipient, the recipient's family members and other connected details should not be disclosed to the petitioner until and after the donation takes place.

The Court further permitted disclosure of the recipient's details after the donation with the recipient's consent.

The matter will be heard next on November 23 for reporting compliance regarding the framing of the draft policy.

The bench also appreciated the petitioner's counsel for bringing the issue before the Court and also recorded its appreciation for the Additional Government Advocate for following up with the Health Department.