Supreme Court Mandates Uniform National Policy for Organ Transplantation

Landmark Judgment Directs Union and States to Harmonize Organ Donation Framework, Ensuring Equitable Access and Enhanced Donor Welfare

In a significant ruling, the Supreme Court of India has directed the Union of India, along with States and Union Territories, to adopt a comprehensive national policy for organ transplantation. The judgment aims to ensure uniformity, equality, and equitable access to organ donation and transplantation across the nation. The directive comes in response to a writ petition filed by the Indian Society of Organ Transplantation, highlighting disparities and inefficiencies in the current organ donation framework.

The bench, comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran, emphasized the need for a uniform policy to address gender, class, and regional discrimination in organ allocation. The Court has instructed the Union of India to work collaboratively with the National Organ and Tissue Transplant Organization (NOTTO) to develop model allocation criteria that ensure equitable access to organs.

The judgment also mandates the establishment of State Organ and Tissue Transplant Organizations (SOTTO) in regions lacking such infrastructure, particularly in Meghalaya, Nagaland, and certain Union Territories. Furthermore, the Court has requested an amendment to the Registration of Births and Deaths Rules, 1999, to include brain-stem death certification, thereby facilitating increased organ donations.

A significant aspect of the ruling is the directive to create national guidelines for swap transplantation, enhancing opportunities for donor-recipient matches across state boundaries. The Supreme Court has urged the development of a digital web portal to operationalize these guidelines, ensuring transparency and accessibility.

Addressing concerns about donor welfare, the Court highlighted the need for a policy ensuring informed and voluntary consent, mandatory follow-ups, and protection against exploitation. This directive aligns with the World Health Organization’s Guiding Principles for Organ Donation, emphasizing the ethical treatment and care of live donors.

The judgment also calls for a five-year plan to enhance public health facilities for organ transplantation, particularly in regions with inadequate infrastructure. Hospitals are required to report data on organ donations and transplants to a national registry, with strict action against non-compliance.

The Supreme Court's decision underscores the collaborative efforts of the Union of India and the judiciary in addressing the critical issue of organ transplantation. The Court has appreciated the non-adversarial approach of the Union and legal representatives in crafting practical solutions for a more effective organ donation system.

The matter is set to be reviewed in six months, ensuring the implementation of these directives and continued progress in the realm of organ transplantation in India.

Statutory provision(s): Transplantation of Human Organs Act, 1994, Transplantation of Human Organs (Amendment) Act, 2011, Transplantation of Human Organs and Tissue Rules, 2014, Registration of Births and Deaths Rules, 1999

Indian Society of Organ Transplantation v. Union of India, (SC) : Law Finder Doc Id # 2813507