[31/05, 08:26] sekarreporter1: Organ transplants | Non-related donor’s consent must be accepted, says Madras High Court https://www.thehindu.com/news/national/tamil-nadu/organ-transplantation-donors-consent-must-be-accepted-at-face-value-says-madras-high-court/article68232062.ece[31/05, 08:29] sekarreporter1: Click here for our in-depth coverage of Lok Sabha and Assembly elections #ElectionsWithTheHindu

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Organ transplants | Non-related donor’s consent must be accepted, says Madras High Court
Justice G.R. Swaminathan says, permission must be granted unless the authorisation committee is in possession of evidence to prove money/money’s worth having changed hands
Updated – May 31, 2024 03:54 am IST

Published – May 30, 2024 09:11 pm IST – CHENNAI

MOHAMED IMRANULLAH S.

The issue of granting authorisation must be looked into with the avowed object of saving the life of a person and not from a technical point of view, the court said. | Photo Credit: PICHUMANI K

In a verdict that would have major implications for organ transplantation, the Madras High Court on Thursday held that the consent given by a donor, even if he/she is not related to the recipient, must be accepted by the authorisation committee at its face value unless there is evidence to prove money or money’s worth having changed hands.

Shifting the burden of proof from the donor/recipient to the authorisation committee, Justice G.R. Swaminathan wrote that the donor and the recipient “can only assert that there is no commercial dealing. They cannot be called upon to prove the negative… Too much of burden cannot be laid on their shoulders.”

[31/05, 08:26] sekarreporter1: Organ transplants | Non-related donor’s consent must be accepted, says Madras High Court https://www.thehindu.com/news/national/tamil-nadu/organ-transplantation-donors-consent-must-be-accepted-at-face-value-says-madras-high-court/article68232062.ece
[31/05, 08:29] sekarreporter1: Click here for our in-depth coverage of Lok Sabha and Assembly elections #ElectionsWithTheHindu

HOME
NEWS
INDIA
TAMIL NADU
Organ transplants | Non-related donor’s consent must be accepted, says Madras High Court
Justice G.R. Swaminathan says, permission must be granted unless the authorisation committee is in possession of evidence to prove money/money’s worth having changed hands
Updated – May 31, 2024 03:54 am IST

Published – May 30, 2024 09:11 pm IST – CHENNAI

MOHAMED IMRANULLAH S.

The issue of granting authorisation must be looked into with the avowed object of saving the life of a person and not from a technical point of view, the court said. | Photo Credit: PICHUMANI K

In a verdict that would have major implications for organ transplantation, the Madras High Court on Thursday held that the consent given by a donor, even if he/she is not related to the recipient, must be accepted by the authorisation committee at its face value unless there is evidence to prove money or money’s worth having changed hands.

Shifting the burden of proof from the donor/recipient to the authorisation committee, Justice G.R. Swaminathan wrote that the donor and the recipient “can only assert that there is no commercial dealing. They cannot be called upon to prove the negative… Too much of burden cannot be laid on their shoulders.”

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