The Madras High Court has pulled up the Tamil Nadu government’s organ transplant authorisation committee for denying permission for a kidney transplant for a Bangladeshi minor admitted to a private hospital in Chennai.
The boy, Adonu Saha, was to receive a kidney from his mother, Monika Rani Saha. However, the committee refused approval, citing that the relationship between the boy’s mother and father had not been established.
Hearing the petition filed on the child’s behalf, Justice G.R. Swaminathan noted that the family had produced several documents issued by the Bangladesh government, including national ID, birth and family certificates, passport, visa, educational records and a DNA report, to prove the mother-son relationship.
The court observed that India is a signatory to the Hague Convention and should recognise such official documents issued by other member countries. It also referred to the External Affairs Ministry’s clarification that certification by Indian embassies is not required.
Calling the committee’s doubts unnecessary, the judge said the marital relationship between the mother and her husband was irrelevant to the transplant decision. The court directed the committee to grant approval for the transplant immediately.
