October 6, 2026
The Calcutta High Court set aside the refusal of permission for a kidney donation by a driver’s wife to her employer, holding that donation by a non-near-relative is legally permissible when it is based on affection, attachment or other special reasons, subject to statutory approval.
Ranjeet Kumar Ghosh v. State of West Bengal & Ors.
The proposed donor was the wife of the petitioner’s driver. She was not his “near relative”, but stated that she wished to donate her kidney because of her affection and personal association with him. Police verification found no cash/kind transaction and no middleman. Live Law
Transplantation of Human Organs and Tissues Act, 1994 — Section 9(3):
Under Rule 7(3), THOA Rules, 2014, the Committee must examine:
In Kuldeep Singh v. State of Tamil Nadu, the Supreme Court emphasised that the statutory framework is intended to prevent commercialisation of human organs and requires authorities to ascertain the donor’s true intention.
Non-relative ≠ Ineligible donor
The law does not create an absolute prohibition on donation by a non-relative; it requires enhanced scrutiny and prior Authorisation Committee approval to ensure that the donation is genuine and not commercially motivated.
“The law permits altruistic organ donation by non-near-relatives while prohibiting commercialisation of human organs.” Discuss with reference to Section 9 of the Transplantation of Human Organs and Tissues Act, 1994.
The Calcutta High Court held that donation of a kidney by a non-near-relative is not prohibited per se. It may be permitted on grounds of affection, attachment or special reasons, subject to statutory approval.
Section 9 – Restrictions on removal and transplantation
Altruistic non-relative donation is permissible, but it requires scrutiny and Authorisation Committee approval to prevent organ trafficking and commercialisation.
Discuss the legal framework governing organ donation by non-near-relatives under Section 9 of THOTA, 1994.
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