INDIAN SOCIETY OF ORGAN TRANSPLANTATION v. UNION OF INDIA
Discusses organ transplantation laws, constitutional provisions, and general principles of equity and healthcare access.
Court: Supreme Court of India
Citation: 2025 INSC 1361
Decision Date: 19-11-2025
List of Laws
The Transplantation of Human Organs Act, 1994; The Transplantation of Human Organs and Tissue Rules, 2014; Constitution of India, 1949; Registration of Births and Deaths Rules, 1999; General Principles of Law
- The Transplantation of Human Organs Act, 1994: The judgment discusses the enactment of the Act pursuant to resolutions passed by various states under Article 252(1) of the Constitution of India. It mentions the 2011 amendment, which included 'tissue' transplants within the scope of the Act and introduced Section 9(3A) enabling swap transplantation. The judgment also refers to Section 13D, mandating data reporting to the national registry maintained by NOTTO. The court requests the Union of India through NOTTO to evolve national swap transplantation guidelines in consultation with all States to implement Section 9(3) of the 1994 Act. The court also notes that the number of registered hospitals under the 1994 Act is low in some states.
- The Transplantation of Human Organs and Tissue Rules, 2014: The judgment notes that the 2014 Rules were brought into force in line with the changes made in the 1994 Act. It mentions that some states have not yet adopted the 2014 Rules. The judgment also refers to Rule 31(4)(f) of the 2014 Rules, stating that allocation criteria made by the States under this rule differs from State to State. The court also notes that the number of registered hospitals under the 2014 Rules is low in some states.
- Constitution of India, 1949: The judgment refers to Article 252(1), stating that the Transplantation of Human Organs Act, 1994 was enacted pursuant to resolutions passed by various States under this article. The legislation falls under Entry 6 of List II of the 7th Schedule pertaining to “Public health and sanitation; hospitals and dispensaries”.
- Registration of Births and Deaths Rules, 1999: The judgment discusses amending Form 4 and Form 4A of the Registration of Births and Deaths Rules, 1999 to include a column on brain-stem death and the option to donate organs.
- General Principles of Law: The judgment touches upon the right to health and the need for a uniform national policy to secure this right. It also discusses the importance of ensuring that live donors are adequately taken care of after organ donation, referencing the WHO's Guiding Principles for Organ Donation, which mandate that the donor's concern is voluntary and informed. The judgment highlights concerns about potential discrimination based on gender, class, and region in organ allocation criteria.
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