Kerala High Court urges State to implement advisory panel's recommendations on organ donation

The Kerala High Court on Wednesday urged the State government to implement the recommendations of an advisory committee to improve organ donation and transplantation in Kerala, including through the establishment of a digital platform for voluntary organ donations [Advaidh M v State of Kerala & ors].

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM issued the direction while closing a petition filed by Advaith M.

The plea had flagged issues related to organ donation and transplantation accessibility in Kerala, particularly in relation to patients who were unable to find suitable donors.

The Court observed that the State was duty-bound to implement the recommendations in light of the Supreme Court's directions in Indian Society of Organ Transplantation v Union of India.

In that case, the Supreme Court had called for uniform national organ allocation criteria, digital swap transplantation guidelines and safeguards against the exploitation of living donors.

"In view of the directions in Indian Society of Organ Transplantation (supra) and also the recommendations of the Advisory Committee, it is now the duty of the State to accept and implement the said recommendations. With the aforesaid direction, we dispose of this writ petition," the High Court said.

The State's counsel had earlier placed before the Court a report of the Advisory Committee meeting held on November 19, 2025.

One of its key recommendations was to establish a digital platform through which people could voluntarily offer a kidney, a portion of their liver or skin to patients requiring transplantation without choosing a particular recipient.

The committee had stated that the Kerala State Organ and Tissue Transport Organisation (KSOTTO) would set up the digital platform in consultation with the National Organ and Tissue Transport Organisation (NOTTO), the body that oversees organ donation and transportation at the national level.

It further proposed that only KSOTTO would be able to invite and process applications from unrelated voluntary donors, ensuring confidentiality and anonymity.

The committee also proposed that KSOTTO would initially bear the cost of medical, psychological and socio-economic evaluation of donors, with provision for reimbursement by recipients following successful transplantation.

Another recommendation was to introduce a swap kidney donation programme to increase the availability of organs and its implementation in accordance with Section 9(3A) of the Transplantation of Human Organs and Tissues Act, 1994 (THOTA)

Under this system, donor-recipient pairs who are medically incompatible with each other could exchange donors with other compatible pairs.

The committee also proposed allocation criteria for the donation of kidneys, livers and skin, based on medical utility, donor preferences and patient's needs.

It further recommended that hospitals should disclose transportation charges clearly and that KSOTTO should publish an upper limit for charges relating to different transplantation procedures after consulting medical experts.

The committee also suggested that transplant centres should themselves disclose, in a clear and accessible manner, the various charges relating to organ transplantation, to promote informed decision-making and accountability.

Other recommendations included introducing a single-window, time-bound approval system for transplants. Further, the committee also called for the collection of data on patients who require kidney, liver or heart transplants, in order to formulate long-term policies.

Taking note of these recommendations, the Court has directed the State to accept and implement them.

Advocate Thomas Varghese appeared for the petitioner.

Senior government pleader Biju Meenattoor represented the State.

[Read Judgment]