'Unfortunate That We Have To Direct': Kerala High Court Orders Organ Transplant Advisory Committee To Convene First Meeting Since Constitution

The Kerala High Court on Wednesday (September 24) directed the Advisory Committee constituted under Transplantation of Human Organs and Tissues Act to hold within 2 weeks its first ever meeting since its constitution under an August 28, 2024 notification, remarking that it was unfortunate that the court had to direct holding of meeting. 

Chief Justice Nitin Jamdar and Justice Basant Balaji was considering a writ petition, which has raised several issues regarding organ donation in the state of Kerala. The petitioner has sought for direction to the official respondents to immediately act in compliance with the directions in WP(C) 33801 of 2017, especially regarding press releases in print and electronic media seeking willing altruistic donors among the community for all patients who are unable to undergo organ transplant surgery owing to unavailability of matching donor. 

The counsel for the petitioner submitted before the Court that the functioning of the 4th respondent K-SOTTO (Kerala State Organ And Tissue Transplant Organisation) is under shadow and needs to be questioned. According to him, more than 30000 organ donations are taking place in the state but none of it is happening through the K-SOTTO website. He referred to a RTI application and reply sought by him in this regard.

K-SOTTO is established by Government of Kerala as a charitable society under the Travancore-Kochi Literary, Scientific and Charitable Societies Act 1955 to regulate the removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the effective enforcement of 1994 Act and Rules thereunder.

The petitioner also urged that as per the directions in WP(C) 33801 of 2017, there was a direction to the K-SOTTO to open a website for the prospective altruistic donors but so far that website has not been developed. Referring to a facebook post by K-SOTTO, he further urged that 2870 people have lost their lives in the last 12 years while awaiting for organ transplantation service and therefore, a solution ought to be there.

Hearing the same, the Bench orally observed: "The petitioner has filed this petition because of the unfortunate event that has occurred. He is not an expert in this field. We can understand the emotional part of it but this subject requires some expertise. It has ramifications. There is commercialization, there are various aspects...All these issues can be looked at by an expert body. the act contemplates some body. we have not been shown that it is not within their jurisdiction...There are a lot of delicate balances to be achieved here. Therefore, we have made it clear that this is not something which we will issue directions. This will have unintended consequences."

The petitioner then submitted that an interim direction may be given to the advisory committee to hold a meeting. Thereupon, the Bench orally noted, "Unfortunate that we have to direct."

Noting that no materials have been produced giving details of the meeting held by the advisory authority even though directions were given by orders dated 7th July and 6th August, 2025, the Court observed:

"Still, no details were forthcoming of the meeting being held by this authority. We were constrained to observe by our order dated 21st August 2025 that if no details are placed on record, Court may be constrained to draw adverse inference regarding functioning of the authority. It now transpires that the advisory committee, which was constituted by notification dated 20th August 2024 for the period of 2 years, has not constituted a single meeting so far, for than one year. If the period of the committee is for 2 years and it doesn't hold a single meeting for half of that period, entire purpose of constituting an advisory committee would stand defeated. It cannot be said and neither urged that there are no issues in respect of transplantation of human organs and tissues in the state of Kerala, which require to be looked at."

The Court also noted that though the writ petition had been pending for some time and the director of Medical Education, the appropriate authority under the Act has been arrayed respondent no. 3, no meeting of the advisory committee was conducted to at least discuss the issues outlined in the petition. It further observed:

"Having left with no option because of the failure of the committee to function, we have to issue a direction to the advisory committee constituted under the order dated 20th August 2024 to forthwith hold a joint meeting within a period of 2 weeks from today. The learned Government Pleader also suggests that the copy of the petition be placed before the advisory committee to examine and submit a report as contemplated under chapter IV of the Act of 1994."

The Bench orally added, "At least a preliminary report the committee should submit to the government within 4 weeks."

The petition is moved by Advocate Thomas Varghese.

Case No: WP(C) 4269/ 2025

Case Title: Advaith M. v. State of Kerala

Click to Read/Download Judgment in WP(C) 33801of 2017

Click to Read/Download Order dated 07.07.2025

Click to Read/Download Order dated 06.08.2025