Supreme Court of India Reacts to Petition for Rigorous Adherence to Organ Donation Law

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India’s Supreme Court Advocates for Enhanced Organ Transplant Compliance

Reports from our sources state that a significant step has been taken in the Indian legal system towards ensuring better implementation of organ transplant regulations. The Supreme Court of India has sent out a notice to the Central Government as well as all state governments in response to a plea. This plea calls for more rigorous observance of the Transplantation of Human Organ (Amendment) Act 2011 specifically at government and semi-government medical colleges and district hospitals.

Motion Filed By Advocate Varun Thakur

Varun Thakur, a notable legal advocate, lodged the plea on behalf of the environmental and public health awareness body, Gaveshna Maanvotthan Paryavaran Evam Swasthya Jaagrookata Samiti. The motion specifically refers to the imperative registration of hospitals with the National Organ and Tissue Transplant Organization (NOTTO) as mentioned in Sections 14 and 14-A of the Act.

Increasing Deceased Donor Pool

In light of the increasing reliance on living donors for organ transplants in India, the plea emphasizes the imminent need to augment the deceased donor pool. It urges the establishment of dedicated organ donation and tissue removal facilities in governmental medical institutions. More importantly, the plea underscores the escalating demand for organ transplants in conjunction with the disheartening low number of deceased organ donors in the country.

Tapping into New Organ Donor Pools

The petition unveils the sobering statistics that only a meager 2-3% of the organ demand is currently being fulfilled resulting in innumerable deaths due to organ failure annually. The plea pushes for the need to explore potential organ donors specifically through individuals who have suffered not only fatal road traffic accidents but also Cerebrovascular Accidents (CVA), which often lead to brain stem death (BSD).

YK Chawla Task Force Report Recommendations

The plea does not stop there but further advocates for the execution of the recommendations highlighted in the 2022 YK Chawla Task Force Report on Organ Donation and Transplantation. This report provides thorough guidance on increasing organ donation rates and guaranteeing ethical practices during transplantation processes. By advocating for human dignity and the right to life, the plea aims to guide the discourse concerning organ donation and transplantation in India towards a more thoughtful and comprehensive direction.


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