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

kerala
High Court of Kerala
Order by an Appropriate Committee to reject the application for live organ donation amongst unrelated persons must be a speaking order considering all...
Delhi HIgh court
Bombay High Court
Spouse's consent not necessary for organ donation especially when withheld for extraneous reasons: Bombay High Court
kerala
High Court of Kerala
Kerala HC permits teen girl to donate portion of her liver for ailing father’s transplantation surgery.
Delhi HIgh court
Delhi High Court
Delhi High Court directs the appearance of hospital for not adhering to strict timelines under The Transplantation of Human Organs Act (THOA), 1994.
Delhi HIgh court
Delhi High Court
Differences in the financial status of donor and recipient in organ transplant cases not strong enough reason to establish a commercial element.
pun
High Court of Punjab & Haryana
Loss of human life is irreparable and where legislative intent is not prohibitory, Article 21 would step in and come to the aid of justice.
pun
High Court of Punjab & Haryana
Punjab & Haryana HC allows kidney swap transplant between persons who are not 'Near Relatives', says can't afford loss of life due to technicalities.
1
The Supreme Court of India
The Supreme Court directs Centre to examine the lack of uniformity in rules on cadaveric organ transplants across states.
madhyapradesh-highcourt
High Court of Madhya Pradesh
A detailed medical examination by specialist doctors was carried out on petitioner nos.1 and 2 and there was no objection from anyone for donating the...
madhyapradesh-highcourt
High Court of Madhya Pradesh
When donor and recipient are not near relatives, the Authorization Committee must follow Rule 7 (3).
gujarat-highcourt
High Court of Gujarat
High Court of Gujarat strikes down domicile certificate requirement for registration as cadaveric organ transplant recipient.
culkata
Calcutta High Court (West Bengal)
Calcutta High Court says no to West Bengal embargo on doctor for organ transplant
1 2 3 4
THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 1994
the Transplantation of Human Organs and Tissues Rules, 2014