Public Interest Litigation Leads to Successful Launch of Bone Bank, Benefitting 197 Patients; Court Emphasizes Public Awareness and Education
In a landmark decision, the Madras High Court, through a public interest litigation (PIL) filed by Advocate M. Vetri Selvan, has underscored the importance of establishing advanced medical facilities for the benefit of the public. The PIL, originally filed in 2020, sought the creation of a Bone Bank at the Government Rajaji Hospital in Madurai under the Transplantation of Human Organs Act, 1994. This initiative has now come to fruition, marking a significant milestone in public healthcare services in Tamil Nadu.
The Division Bench, comprising Justices C.V. Karthikeyan and R. Sakthivel, recognized the pivotal role of the Bone Bank in orthopedic replacement surgeries and other medical procedures. The facility, operational since December 2021, has already assisted 197 patients, demonstrating its critical role in addressing complex medical needs such as cancer treatments, fracture repairs, and joint replacements.
The Bone Bank, equipped to harvest and store bones like the femur, ulna, and tibia, provides an alternative to metallic implants, offering patients more natural and potentially more effective treatment options. The court's order highlighted the necessity for further publicity and public sensitization about the Bone Bank's availability and benefits, recommending involvement from the Tamil Nadu State Legal Services Authority to enhance awareness through the District Legal Services Authority.
The decision comes as a triumph not only for the petitioner, Advocate Selvan, whose perseverance over six years has been instrumental in this development, but also for the broader community that stands to gain from enhanced healthcare infrastructure. The court acknowledged the efforts of the petitioner and his legal team, emphasizing that the establishment of the Bone Bank is a testament to the positive impact of public interest litigations in driving systemic change.
The judgment has also paved the way for the establishment of a Bone Marrow Transplant facility at the hospital, promising further advancements in medical care. This initiative reflects the court's commitment to improving public health services and ensuring that the benefits of medical advancements are accessible to all.
The court concluded the proceedings by disposing of the writ petition, while making a fervent appeal for continuous public education on the Transplantation of Human Organs Act, 1994, and the invaluable services provided by the Bone Bank.
Bottom line:-
Public Interest Litigation seeking establishment of Bone Bank in Madurai Government Rajaji Hospital under the Transplantation of Human Organs Act, 1994 resulted in successful establishment of the Bone Bank and benefitted 197 patients till date. The court emphasized the need for publicity and sensitization of the general public regarding the Bone Bank and its benefits.
Statutory provision(s):
Transplantation of Human Organs Act, 1994
M.Vetri Selvan v. Union of India, (Madras)(DB)(Madurai Bench) : Law Finder Doc id # 2941936