Category Judgements

31 May

Four Way Swap Transplant allowed in India

Delhi High Court: Section 9(3A) of THOTA Permits Multi-Pair Kidney Swap Transplants; Absence of Guidelines Cannot Be a Ground for Rejection.

24 May

DAN test in not necessary all living donation cases

Maternity need not be proved through DNA test before donating kidney to child: Madras High Court

23 May

Mother-in-law CAN be treated as a near relative

The term “near relative” under the 1994 Act must be interpreted purposively, not rigidly. A mother-in-law CAN be treated as a near relative for swap transplantation under Section 9(3-A).

19 Feb

Karnataka High Court on Dr. Thankam Subramonian v. The Chairperson, Hospital Based Authorization Committee

The Karnataka High Court judgment clarifies that THOTA is intended to facilitate donation and prevent commerce, not to obstruct genuine altruism. It shifted the focus from “proving a relationship” to “verifying the absence of commercial intent,” thereby opening a legal pathway for non-directed altruistic donors in India. (Dr. Thankam Subramonian v. The Chairperson, Hospital Based […]

28 Nov

Supreme Court Issues Landmark Directives on Organ Donation!

On Nov 19, 2025, the Supreme Court of India, in a writ petition by the Indian Society of Organ Transplantation vs Union of India, delivered a pivotal judgment (2025 INSC 1361) to boost uniformity and access in organ transplants nationwide. The court highlighted gaps like non-adoption of the 2011 THOTA amendments by Andhra Pradesh and […]

4 Nov

Bombay High Court – Unrelated and Minor allowed to donate

A minor aged 17 years and 9 months, being the uncle’s unrelated nephew ( As per THOTA), is permitted to donate a portion of his liver to save the life of his uncle. For the KEM Hospital Authorization committee report for rejecting live donation court found that “The Report had been found by this Court […]

10 Jan

Kerala High Court – Unrelated donor

– The Authorization Committee cannot place a reverse burden of proof on the petitioners to disprove a presumed negative element, such as the suspicion of trade. – A donation cannot be denied unless there is concrete evidence establishing a commercial element in the transaction.

24 Jan

Living Will – Advance Medical Directive

The Supreme Court clarification on Living Will - Advance Medical Directive Jan. 2024

3 Jan

Delhi High Court

The Delhi High Court directs the Ministry of Health to amend organ transplant rules, ensuring the timely decisions of the Authorization Committee in the live donation process on each steps.

18 Oct

Andhra Pradesh High Court- Amaravati

Under age son allowed to donate his liver to his father | The Appropriate Authority had the power to permit persons under the age of 18 years to donate human organs in exceptional circumstances. In the present case, the Appropriate Authority has not exercised this discretionary power.

OUR MISSION

Our mission is to promote a clear, consistent, and unambiguous implementation of The Transplantation of Human Organs and Tissues Act, 1994 and the Transplantation of Human Organs and Tissues Rules, 2014 in every hospital across India. We aim to ensure that every patient is able to access organ transplantation without facing any legal complexities or inconsistencies.

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