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Category Judgements

26 Feb

Patna High Court (Bihar)

The Court would expect the Authorization Committee to act with empathy and compassion in matters that come to it under the provisions of the THO&T Act without compromising with the mandatory statutory requirements under the THO&T Act and the THO&T Rules.

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25 Feb

Madras High Court (Tamil Nadu)

Hospitals must forward the patient's proposal to the Ethics Committee for transplant operation even if the donor is not related.

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25 Jan

Allahabad High Court (UP)

Petitioner files a PIL asking to allow him to donate his body and organs as he desires under Article 21 of the Indian Constitution. Not allowed, says Allahabad HC; there are enough provisions to govern organ and body donation.

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2 Mar

Delhi High Court

Civil Services Examination (CSE) rule declaring persons who have undergone organ transplants unfit for selection is archaic.

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22 Jun

High Court For The State Of Telangana

Driver gets HC nod to give kidney to employer.

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8 Nov

High Court of Kerala

HC refuses to allow ads for organ donors. However, the government can give such an advertisement by keeping the anonymity of the donor.

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1 Dec

High Court of Kerala

A police verification report is not mandatory in all cases for the Authorization Committee to take a decision.

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11 Aug

High Court of Gujarat

Scrap passport as identity proof rule for donors, patients: High Court of Gujarat to Kidney Institute

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31 Mar

The Supreme Court of India

The object of the statute is crystal clear that it intends to prevent commercial dealings in human organs. The Authorization Committee is, therefore, required to satisfy that the real purpose of the donor authorizing the removal of an organ is by reason of affection or attachment towards the recipient or for any other special reason. Such special reasons can by no stretch of imagination encompass commercial elements.

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17 Dec

The Supreme Court of India

The right to life guaranteed under Article 21 includes within its ambit the right to health and medical care.

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