Order of the Supreme Court of India regarding organ transplantation, 05/12/2022
Order of the Supreme Court of India in the matter of Gift of Love Adventure Foundation Vs Union of India & Others dated 05/12/2022.
The petitioner (Gift of Love Adventure Foundation) has sought relief in the context of the Transplantation of Human Organs Act 1994. The grievance of the petitioner is that the requirement of obtaining a domicile certificate for registering an organ transplantation is being imposed by many states - in terms of which patients have to submit a domicile certificate, if they wish to register in the cadaver transplant registry.
The bench of Chief Justice of India Dhananjaya Y. Chandrachud and Justice Pamidighantam Sri Narasimha said that it would be appropriate if the matter is examined by the Union Ministry of Health and Family Welfare. The SC asked the petitioner to submit a representation to the Secretary, Union Ministry of Health and Family Welfare. The matter needs to be examined at an appropriate level and a policy decision taken on the appropriate course of action to be adopted to remedy the grievance expeditiously.