In a significant ruling, the Madras High Court overruled the decision of the State Authorization Committee, which had denied a mother’s request to donate a kidney to her ailing son. The case, Rita Chaurasiya Vs State of Tamil Nadu, involved a dispute over the verification of the donor-recipient relationship.
Rita Chaurasiya, the petitioner, sought to donate one of her kidneys to her son, Rohit Kumar Chaurasia, who was suffering from severe renal issues. The medical procedure was to be carried out at Apollo Speciality Hospital in Perungudi, Chennai. However, the Tamil Nadu Authorization Committee, under the Directorate of Medical Education and Research, refused to give the necessary approval. The committee’s decision, dated April 17, 2026, was based on the alleged failure to establish the biological relationship between the donor and the recipient.
Rita and Rohit Chaurasia challenged this decision by filing a writ petition with the Madras High Court. Initially, the vacation Bench scheduled the petition for a hearing on May 29, but due to the urgency of Rohit’s medical condition, the petitioners requested an expedited hearing. Justice GR Swaminathan heard the matter on May 21 and ultimately allowed the writ petition.
The court evaluated the documentation submitted by the petitioners, which included Rohit’s birth certificate as well as the Aadhaar and PAN cards of both individuals. The documents confirmed that Rita Chaurasiya was married to Ratan Lal Chaurasia and that Rohit was their son. Justice Swaminathan concluded, “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.” Consequently, the court determined that it was unnecessary for Rita Chaurasiya to undergo a DNA test to prove her maternity.
Justice Swaminathan referenced previous rulings from May 2024 concerning organ donation, which stated that claims of altruistic organ donations should not be doubted without substantial evidence of commercial dealings. Upholding these principles, the court annulled the Authorization Committee’s order and directed it to grant immediate permission for the kidney donation. The court emphasized the need for prompt action, recommending that the transplant be conducted within the following week.
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Due to the urgency, the court permitted Additional Government Pleader LSM Hasan Fizal to inform the Authorization Committee of its decision, ensuring that the necessary permissions were expedited. Advocate Abhinav Parthasarathy represented the petitioners, while Additional Government Pleader LSM Hasan Fizal appeared for the State and the Authorization Committee.
This judgment underscores the court’s commitment to prioritizing medical needs and familial bonds over bureaucratic hurdles in health-related matters.
