Indian Constitution &

Fundamental rights

Protection of Life &

Personal liberty

Right to Health &

Right to medical aid

Every person's right &

Not just Indian citizen

Following are some major judgements delivered by The Supreme Court and various High Courts of India

Delhi High court
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.
Madras High Court
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
pun
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...
Karnataka-High-court
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...
1
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...
Bombay High court
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...
kerala
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...
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Living Will - Advance Medical Directive
The Supreme Court clarification on Living Will - Advance Medical Directive Jan. 2024
Delhi HIgh court
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...
1024px-High_Court_of_Andhra_Pradesh,_Amaravati_(May_2019)_2
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...
Madras High Court
Madras High Court
Refusal to perform transplants between unrelated donors would be “plainly illegal” | This Court has reasons to believe that the apprehensions and reluctance...
gujarat-highcourt
Gujarat High Court
The Gujarat Appropriate Committee granted a No Objection Certificate (NOC) for a live transplant operation involving a British sister and an Indian brother,...
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THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 1994
the Transplantation of Human Organs and Tissues Rules, 2014