SC Seeks Uniform Organ Donation Rules Across States
The top court asked the Centre to formulate a national policy incorporating “model allocation criteria” for organ transplants
NEW DELHI: The Supreme Court on Wednesday issued a series of directions to the Centre to frame a national policy and uniform rules, after consulting the States, to ensure a transparent and efficient organ donation system.
A two-judge bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran passed the directions while hearing a PIL filed by the Indian Society of Organ Transplantation.
The CJI requested the Centre to persuade Andhra Pradesh to adopt the 2011 amendments to the Transplantation of Human Organs Act, 1994.
Pointing to the urgency of the matter, the court also directed Karnataka, Tamil Nadu and Manipur, States that have not yet adopted the Transplantation of Human Organs and Tissues Rules, 2014, to implement them without delay.
The top court asked the Centre to formulate a national policy incorporating “model allocation criteria” for organ transplants. The policy must address gender and caste bias and establish “uniform criteria for donors across the country” to eliminate discrepancies between States.
The bench noted that Manipur, Nagaland, Andaman and Nicobar Islands, and Lakshadweep do not have a State Organ and Tissue Transplant Organisation (SOTO). It directed the Centre to constitute these bodies under the National Organ Transplantation Programme after consulting the respective administrations.
On protecting live donors from exploitation, the court asked the Centre to develop guidelines ensuring donor welfare after donation and preventing commercialisation and abuse.
