Supreme Court seeks status report from Centre on nationwide implementation of organ transplant laws

The Supreme Court has directed the Central government to collect data from all states and Union Territories (UTs) across the country on the implementation of laws governing organ transplantation.

The Bench of Justice BR Gavai and Justice AG Masih directed the Union of India to convene a meeting of Chief Secretaries and Public Health Secretaries of all States and Union Territories on the issue and submit a report by July 18.

The top court of the country ordered the Centre to collate data on states that have adopted the Transplantation of Human Organs and Tissues Act, 1994, along with those yet to implement the same.

The report should further carry information about the States that have adopted the Transplantation of Human Organs and Tissues (Amendment) Act, 2011, and the Transplantation of Human Organs and Tissues Rules, 2014, noted the Bench.

It should contain statistics about the States that have adopted all the policies and guidelines framed by the National Organ and Tissue Transplant Organization (NOTTO) to facilitate organ transplant.

The states, which were yet to implement the laws, policies or guidelines related to organ transplant, were directed to give reasons for the same.

The Apex Court further sought information on the percentage of transplant from a cadaver vis-a-vis a live donor.

Citing a report by the Ministry of Health and Family Welfare, the Bench observed that while the number of female live donors was way higher than males, male donor recipients substantially exceeded female donor recipients.

The Centre was asked to collect data on the percentage of female and male donors and recipients in all states and UTs of the country, along with steps taken to remove gender disparity in access to organ transplants.

The Apex Court sought information on whether the relatives of a brain dead patient were informed about organ donation.