New Delhi, Nov 19: The Supreme Court on Wednesday directed the Centre to frame a national policy and uniform rules on organ donation and allocation in consultation with all States, stressing the need for a transparent, equitable and efficient transplant system across the country.
A bench of Chief Justice B R Gavai and Justice K Vinod Chandran issued the directions while hearing a PIL by the Indian Society of Organ Transplantation. The court asked the Centre to persuade Andhra Pradesh to adopt the 2011 amendments to the Transplantation of Human Organs Act, 1994, and urged Karnataka, Tamil Nadu and Manipur to promptly adopt the 2014 Transplantation of Human Organs and Tissues Rules.
The bench instructed the Centre to develop model organ allocation criteria, addressing caste and gender bias, and ensuring uniform donor norms nationwide. It also flagged gaps in states like Manipur, Nagaland, Andaman & Nicobar Islands, and Lakshadweep, directing the government to help establish State Organ and Tissue Transplant Organisations (SOTOs) under the National Organ Transplantation Programme.
To prevent exploitation of live donors, the court asked for guidelines ensuring their welfare and post-donation care. It further directed amendments to birth and death registration forms to clearly indicate brain death status and whether families were offered the option of organ donation.
The PIL highlighted the absence of a consolidated national donor–recipient database, disparities in access due to class and gender, and the dominance of private hospitals—conducting nearly 90% of transplants. Earlier, the court had sought detailed state-wise data on the implementation of transplant laws, cadaver vs live donor ratios, allocation procedures, and infrastructure availability, with a consolidated report due by July 18, 2025. (Agencies)
