Supreme Court Directs Centre To Examine Lack Of Uniformity In Rules On Cadaveric Organ Transplant Across States

The Supreme Court on Monday, directed the Union Ministry of Health and Family Welfare to expeditiously examine the lack of uniformity in rules regarding cadaveric organ transplant across states with the Transplantation of Human Organs and Tissues Rules, 2014. The direction was issued in a petition seeking issuance of appropriate directions to State Governments for regulation and monitoring or the Transplantation of Human Organs and Tissues Act,1994 and bringing uniformity in Rules across various states in consonance with the Central Rules of 2014.

The matter was heard by a bench comprising CJI DY Chandrachud and Justice PS Narasimha. 

As per the petition, the imposition of the mandate of producing a domicile certificate for the purpose of registration of an organ recipient in State registry in case of cadaveric organ transplant was arbitrary and not in consonance with the central Act or the Rules made thereunder. The petition contended that the state governments, in the absence of uniformity and clarity in laws regarding residency requirement, imposed procedural roadblocks of a domicile certificate requiring 10-15 years of stay in a particular state, which was without any legal basis. This in turn was life threatening for persons requiring organ transplantation and could lead to wastage of organs. The petition also submitted that there was little clarity on the jurisdiction of Authorization Committee which was to issue an NOC in cases where donor and recipient belong to different states. As per the petition, the OCI patients were being treated at par with NRIs and had to obtain an NOC from High Commission of the country whose citizenship they held in order to register as a recipient of cadaveric organ transplant and even after that they were the last ones in order of priority.

While the counsel for petitioners, Advocate Mohini Priya, sought a reply from the State governments in the matter, the bench found it more appropriate for the Union Ministry of Health and Family Welfare to look into the issue. CJI Chandrachud, while reading out the order, remarked–

"We're not dismissing your petition. We'll issue notice to union health and family welfare ministry. It's actually their responsibility...The grievance of the petitioner is that requirement of obtaining a domicile certificate for registering organ transplant has been imposed by states. The matter shall be examined by the Union Ministry of Health and Family Welfare. The policy decision shall be taken on the appropriate cause of action to be adopted expeditiously. The petition is accordingly disposed."

CASE TITLE: Gift of Life Adventure Foundation v. UoI And Ors. Diary No. 32106/2022

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