SC asks Health Ministry to examine guidelines for registration for living and cadaveric organ transplants
Dec 05, 2022
New Delhi [India], November 5 : The Supreme Court on Monday asked the Union Ministry of Health and Family Welfare to examine guidelines regarding uniform pan-India rules as regards residency, for the purpose of registration for living and cadaveric organ transplants.
The court was hearing the grievance of the petitioner Gift of Life Adventure Foundation, which dealt with the requirement of obtaining a domicile certificate for registering organ transplantation is being imposed by many States, in terms of which patients have to submit a domicile certificate if they wish to register in the cadaver transplant registry.
A Bench of Chief Justice DY Chandrachud and PS Narasimha said, "Having due regard to the above grievance, we are of the considered view that it would be appropriate if the matter is examined by the Union Ministry of Health and Family Welfare."
The court allowed the petitioner to submit a representation to the Secretary of the Union Ministry of Health and Family Welfare.
The court said the court may examine the matter at an appropriate level and a policy decision taken on the appropriate course of action to remedy the grievance expeditiously.
Advocate Mohini Priya represented the petitioner. The Gift of Life Adventure is a registered non-profit trust dedicated to the cause of organ transplantation in India.
The petitioner has sought direction from the Governments to bring in uniform Rules as regards residency requirements for the registration of the donor and the recipient, in consonance with the Central Rules, and to establish a uniform pan-India residency requirement for the residents of India.
The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution seeking diverse reliefs in the context of the Transplantation of Human Organs Act 1994, which was enacted on 8 July 1994 with the object of regulating the removal and transplantation of human organs. The Transplantation of Human Organs Rules 1995 were notified in February 1995 and have since been replaced by the Transplantation of Human Organs and Tissues Rules 2014.
The petitioner urged the court to direct the Central Government to come up with uniform guidelines clarifying the requirement of "residency" which is being misinterpreted by most States as "domicile" for the purpose of registration for cadaveric kidney donation and to monitor the functioning and implementation of the Transplantation of Human Organ Act, 1994 and further seeking issuance of guidelines for the implementation and regulation of the Act and the rules made thereunder viz. Transplantation of Human Organs and Tissues Rules, 2014.
"The practical difficulties arising out of the Act are such that they are defeating the very purpose and object of the Act and resulting in the violation of the constitutional rights of citizens under Articles 14,19, and 21 of the Constitution of India," the petitioner said.
