In a significant public interest case on organ transplants, the Supreme Court has directed the Union Government to hold a meeting with the Chief Secretaries and Health Secretaries of all States and Union Territories. The court has sought a comprehensive report regarding the status of implementation of the Transplantation of Human Organs and Tissues Act, 1994 and its amendments.
The order was passed by a bench of Justices BR Gavai and AG Masih, who instructed the Centre to collect specific data from the States and UTs. The aim is to ensure uniformity in the law’s application and improve the overall organ transplant system across India.
“Which States have adopted the Transplantation of Human Organs and Tissues Act, 1994? If not, what is the reason for non-adoption?” – Supreme Court
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The court also questioned whether the 2011 Amendment and 2014 Rules under the Act have been adopted. It asked whether States have followed the National Organ and Tissue Transplant Organization (NOTTO) guidelines.
The bench raised serious concern over gender imbalance in organ donation and reception, highlighting data from the Ministry of Health and Family Welfare which shows a larger number of female donors compared to males, but a higher number of male recipients.
“What steps have been taken to remove gender disparity in access to organ transplants?” – Supreme Court
The Court further asked for details on the percentage of cadaver vs live donor transplants, and whether families of brain-dead patients are being informed about organ donation.
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Other crucial points include:
- Availability of government and private hospitals with transplant facilities.
- Number of hospitals capable of multi-organ transplants.
- Presence of policies for swap transplantation and if they align with the 1994 Act.
- The process of organ allocation and whether it follows NOTTO’s point-based system.
- Efforts made by the States to raise awareness about organ donation.
- Provision of financial aid to donors or recipients.
- Existence of a National Portal to maintain updated records of donors and recipients.
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The Union Government has been ordered to submit the full report by July 18, 2025.
“The issue of organ transplant affects both life and dignity. Every citizen should have equal access to such life-saving treatment.” – Supreme Court Observation
The case titled INDIAN SOCIETY OF ORGAN TRANSPLANTATION Vs UNION OF INDIA AND ORS., W.P.(C) No. 39/2025, saw the appearance of Senior Advocate K Parmeswar and ASG Archana Pathak Dave.
