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Supreme Court seeks uniform national policy for organ transplantation
The court stressed model allocation criteria to ensure organ recipients get equal opportunity, and asked the Centre to come up with a national web portal
NEW DELHI: The Supreme Court on Wednesday directed the Centre to come out with a uniform national policy for organ transplantation that provides equal access and opportunity to all recipients regardless of their gender, class and region, ruling that this goes to the root of the constitutional obligation to secure the health of citizens.
A bench of Chief Justice of India (CJI) Bhushan R Gavai and justice K Vinod Chandran noted the disparity among states in terms of the medical facilities for organ transplanation in government hospitals and the adoption of the rules under the Transplantation of Human Organs Act, 2011.
“A uniform national policy on organ donation is imperative to secure health of citizens,” the court said, directing the Centre and the National Organ and Tissue Transplant Organisation (NOTTO) to come out with a five-year plan to ensure such facilities are made available in public hospitals in all states.
“A uniform policy for registration of patients, criteria of allocation of organs and tissues and uniform registry formats shall be developed by NOTTO in consultation with states. Such uniform policy, criteria and formats shall be applicable throughout the country,” the court said.
Strengthening enforcement against hospitals that fail to provide data on such organ transplantations to NOTTO or state-based SOTTO, the court directed all states to ensure that data related to organ donation and transplantation along with details of donors and recipients of organs and tissues are reported by the hospitals concerned to the national registry maintained by NOTTO as required under the 2011 Act.
The court told the states to take action against the hospitals concerned in case of non-compliance.
The directions were issued on a petition filed by Indian Society of Organ Transplantation, which highlighted issues of uniformity, equality and access in connection with organ donation for both donors and recipients.
The court was assisted by solicitor general Tushar Mehta, and additional solicitor general (ASG) Archana Pathak Dave. Senior advocate K Parmeshwar assisted the court as amicus curiae.
The court stressed model allocation criteria to ensure organ recipients get equal opportunity, and asked the Centre to come up with a national web portal to compile this information regardless of the social status, gender or the place of domicile of the person intending to receive organ.
“The Union through NOTTO is directed to evolve model uniform criteria to ensure national swap-transplantation policy in consultation with states, providing for equal opportunity for all persons through an accessible national web portal,” the order said.
Parmeshwar informed the court that Andhra Pradesh was the only state that was yet to adopt the amendment to the 2011 Act, which enabled swap transplantation for the first time, expanded definition of ‘near relatives’, and established a National Registry for Transplants. Andhra, Karnataka, Telangana, and Manipur had not adopted the 2014 rules notified to give effect to these amendments.
“We request all states/UTs which are yet to implement the Rules to take into consideration the importance of the Rules and adopt the Act and Rules,” the order said.
The court also shared its concern over reports that certain criminal gangs operated on highways to cause accidents to extract organs from the victims. “It is the worst sin if an accident is used to take organs,” said Tushar Mehta.
