The Madras High Court on Thursday set aside a State Authorization Committee's refusal to approve a mother's request to donate one of her kidneys to her son [Rita Chaurasiya Vs State of Tamil Nadu]..The committee had rejected the mother's plea on the ground that her relationship to the donor (her son) had not been established.The High Court, however, held that the mother, Rita Chaurasiya, could not be asked to undergo a DNA test to prove that she was the biological mother of Rohit Kumar Chaurasia.“When the Donor claims that the recipient / patient is none other than her own biological son, this Court is unable to understand as to why the request of the petitioners has been casually ignored,” Justice GR Swaminathan said..Rohit Kumar Chaurasia, a resident of Howrah in West Bengal, was suffering from renal issues and required an emergent kidney transplant. He had travelled to Chennai to undergo the procedure at Apollo Speciality Hospital, Perungudi.His mother, Rita Chaurasiya, had agreed to donate one of her kidneys. The necessary application was therefore placed before the Tamil Nadu Authorisation Committee under the Directorate of Medical Education and Research.However, by an order dated April 17, 2026, the Committee refused to grant approval on the ground that the relationship between the donor and recipient had not been established..This was challenged by way of a writ petition filed by Rita (mother) and Rohit Chaurasia (son) before the Madras High Court.The writ petition had initially come up for admission before the vacation Bench of the High Court on May 20, when it was adjourned to May 29.However, on May 21, the petitioners' mentioned the matter in the afternoon and sought an urgent hearing, citing the medical condition of Rohit Kumar Chaurasia.Granting the request, the Court heard the matter at length the same day and allowed the writ petition..The Court noted that the son’s birth certificate had been placed on record. The Aadhaar and PAN cards of both petitioners had also been produced.On examining these documents, the Court found that the first petitioner (Rita Chaurasia) was shown as the wife of Ratan Lal Chaurasia, while the second petitioner (Rohit) was shown as the son of Ratan Lal Chaurasia.“Applying the principle of preponderance of probabilities, I am satisfied that the 2nd petitioner is none other than the biological son of the 1st petitioner,” the Court held.Therefore, the mother should not be compelled to undergo a DNA test to prove maternity, the Court added..Justice Swaminathan also referred to his earlier orders from May 2024 on organ donation approvals. In those orders, the Court had held that even where a non-relative donor states that the donation is out of love, affection or altruism, such a statement cannot be mechanically doubted unless there is definite material showing commercial dealing.Allowing the petition, the Court set aside the Authorisation Committee’s order and directed it to grant permission to Rita Chaurasiya forthwith to donate one of her kidneys to her son.The Court said the exercise must be completed without delay so that the transplant procedure could be carried out preferably by the following week.Since the Authorisation Committee was scheduled to meet on May 22 afternoon, the Court also permitted Additional Government Pleader LSM Hasan Fizal to inform the committee about the order..Advocate Abhinav Parthasarathy appeared for the petitioners..Additional Government Pleader LSM Hasan Fizal appeared for the State and the Authorization Committee..[Read Judgment]
