5 days ago
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The Madras High Court has travel to the assistance of a insignificant lad from Bangladesh by permitting him to acquisition renal transplantation successful Chennai with the kidney to beryllium donated by his mother. The tribunal criticised the quality organ transplant authorisation committee successful Chennai for not having granted the support aft raising doubts implicit the narration betwixt the child’s parent and her husband.
Justice G.R. Swaminathan acceptable speech the rejection bid passed by the authorisation committee connected April 2, 2026, and held that it “suffers from misdirection successful instrumentality and utter non-application of mind.” The justice directed the committee to forthwith licence A. Monika Rani Saha to donate 1 of her kidneys to her lad A. Atonu Saha and let the country to instrumentality spot astatine Apollo Hospitals successful Chennai.
The justice said, the presumption of a parent assumes “a ineffable presumption successful Bharatiya culture,” and therefore, erstwhile a pistillate claims to beryllium the parent of a idiosyncratic by producing documentary evidence, specified a connection should usually beryllium accepted by the statutory authorities without raising unjustified doubts. In the contiguous case, the parent had gone to the grade of voluntarily submittting adjacent a DNA report.
Further, to found the narration betwixt the donor and donee, they had submitted their passports, visas, nationalist individuality cards issued by the Government of Bangladesh, the child’s commencement certificate, his Class X people statement, household certificate issued by the Kashinathpur Union Parishad, narration certificate issued by the Bangladesh Deputy High Comission successful Chennai, and an e-apostille certificate.
Apostille certificate
Highlighting the value of the apostille certificate, the justice said, India was a signatory to the Hague Apostille Convention of 1961 and therefore, obliged to springiness credence to apostilled nationalist documents issued successful different subordinate countries. Further, the Ministry of External Affairs had successful 2020 made it wide that those apostilled documents bash not necessitate immoderate further attestation by Indian missions.
Therefore, the quality organ transplant authorisation committee ought to person accepted the documents submitted by the parent and the lad to found their narration and not denied support for the renal transplantation by raising doubts regarding the narration betwixt the pistillate and her hubby connected the ground of oral inquiries conducted with them utilizing a translator, the justice said.
“The lone applicable question which the committee should person posed to itself was whether the archetypal petitioner (recipient) was the lad of the 2nd petitioner (donor). Whether the 3rd petitioner was the hubby of the 2nd petitioner was irrelevant. It is good settled that if an administrative determination is vitiated by an irrelevant consideration, it is liable to beryllium acceptable aside. On this sole ground, the impugned (under challenge) bid is acceptable aside,” Justice Swaminathan concluded.
