Madras High Court: In the present petition, the petitioner, mother of a 13-year-old boy with Chronic Kidney Disease Stage V, filed a writ seeking renal transplantation without requiring the father’s consent, as the hospital insisted on it despite the father having deserted the family in 2017. A Single Judge Bench of M. Dhandapani, J., while allowing the petition, directed the Dean and the Head of the Nephrology Department of the Government Stanley Medical College and Hospital to provide appropriate treatment for renal transplantation to the minor child. The Court specifically instructed that no unreasonable demands, including the father’s consent, should be insisted upon.
The case arose when the petitioner, mother of a minor boy suffering from Chronic Kidney Disease Stage V, sought a writ of mandamus from the Court. Her son was undergoing Continuous Ambulatory Peritoneal Dialysis (‘CAPD’) and required urgent renal transplantation. The petitioner stated that her husband deserted the family in 2017 and was not involved in the child’s upbringing. Despite this, the Head of the Nephrology Department at the Government Stanley Medical College and Hospital issued a letter dated 05-05-2025 stating that the father’s consent was required for the transplant under the Transplantation of Human Organs and Tissues Act, 1994.
The petitioner argued that the insistence on the petitioner for getting the consent of the petitioner’s husband was arbitrary, unreasonable and violative of the minor child’s right to life guaranteed under Article 21 of the Constitution, especially given the urgency of the child’s medical condition. She requested the Court to direct the Dean and the Head of the Nephrology Department of the Government Stanley Medical College and Hospital to proceed with the transplant without requiring the father’s signature.
During the hearing, the State, the Directorate of Medical Education, the Dean, and the Head of the Nephrology Department assured the Court that the child’s treatment would be appropriately considered and that a hospital meeting had been scheduled for 19-09-2025, during which an appropriate decision would be taken regarding the treatment of the petitioner’s son.
Taking into account the submissions and the urgency of the situation, the Court disposed of the petition with a direction to the Dean and the Head of the Nephrology Department of the Government Stanley Medical College and Hospital to provide appropriate treatment for renal transplantation to the minor child.
The Court specifically instructed that no unreasonable demands, including the father’s consent, should be insisted upon. The Court further directed that the renal transplantation be conducted within two weeks from the date of receipt of a copy of the order.
[A. Kasthuri v. State of Tamil Nadu, 2025 SCC OnLine Mad 6340, decided on 18-09-2025]
Advocates who appeared in this case:
For the Petitioner: B. M. Subash
For the Respondents: E. Sundaram Government Advocate, S. Balaji Government Advocate
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