The Madurai Bench of the Madras High Court, on August 25, 2025, directed the constitution of a Special Investigation Team (SIT) to investigate large-scale illegal kidney transplantations and human organ trading in Tamil Nadu. The order came in response to a Public Interest Litigation (PIL) filed by advocate S.N. Sathishwaran, who sought a Central Bureau of Investigation (CBI) probe into the issue.
The petitioner alleged that private hospitals, including Dhanalakshmi Srinivasan Medical College and Cether Hospital in Trichy, were involved in illegal kidney trade with the help of brokers. Despite complaints being filed, no FIR had been registered by the police. The State Government had earlier suspended and later cancelled the transplant licenses of the two hospitals after a preliminary inquiry revealed fabricated certificates and forged documents.
The inquiry team also found that poor individuals were lured with money by brokers to donate kidneys, while false affidavits were submitted to obtain approvals.
The Bench, comprising Justice S.M. Subramaniam and Justice G. Arul Murugan, expressed concern over the findings. The judges noted:
“The report is alarming that large-scale trading of human organs is made in an illegal manner. Legal provisions were misused to exploit economically disadvantaged persons.”
The Court also highlighted that such practices violated Article 21 of the Constitution, as trafficking in human organs directly affects the fundamental right to life and public health.
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Rejecting the State’s stand that only the appropriate authority under the Transplantation of Human Organs and Tissues Act, 1994, could investigate, the Court ruled that cognizable offences under the Bharatiya Nyaya Sanhita, 2023, were also involved.
The Court appointed a five-member SIT led by Inspector General of Police (South Zone) Premanand Sinha, along with four senior IPS officers, to investigate the racket across the State. The SIT has been directed to register FIRs based on complaints, probe the role of brokers, hospitals, and officials, and submit its first report by September 24, 2025.
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The State cannot remain a mute spectator. Effective investigation is necessary to protect the lives of the poor and economically weak, who are exploited by such illegal organ trading.
Case Title:W.P.(MD) No. 22623 of 2025 – S.N. Sathishwaran vs. The Chief Secretary to the Government of Tamil Nadu & Others
Case Number: W.P.(MD) No. 22623 of 2025 with W.M.P.(MD) No. 17736 of 2025
