A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha, which was hearing a PIL filed by an organisation named ‘Gift of Life Adventure Foundation‘, was apprised about the lack of uniformity in rules relating to organ transplantation.
The plea said the imposition of the mandate of producing a domicile certificate for getting registered as an organ recipient in a state in case of cadaveric organ transplant was “arbitrary”.
Due to the lack of uniformity, some states imposed conditions such as a recipient will have to produce a domicile certificate of a period of 10 to 15 years to be eligible for cadaver organ transplant.
The bench, which refused to entertain the PIL, however, agreed to ask the Union Ministry of Health and Family Welfare to consider examining the plea as a representation on the issue of lack of uniform rules.
The plea sought a direction to states for framing guidelines to bring uniformity in the rules under the Transplantation of Human Organs and Tissues Act, 1994.
“We are not dismissing your petition…The grievance of the petitioner is that the requirement of obtaining a domicile certificate for registering organ transplant has been imposed by states. The matter shall be examined by the Union Ministry of Health and Family Welfare. The policy decision shall be taken on the appropriate cause of action to be adopted expeditiously,” the top court said while disposing of the plea.