The Madras High Court has directed the constitution of a Special Investigation Team to probe into the allegations of organ trafficking and illegal kidney transplantations across the State of Tamil Nadu. The Bench mentioned that when the State appointed team itself made serious allegations against the private hospitals and medical college hospitals etc, the State is not expected to remain as mute spectator.

The Writ Petition was instituted before the High Court seeking a direction to the respondents to investigate the illegal trading of human kidneys.

The Division Bench of Justice S.M.Subramaniam and Justice G. Arul Murugan held, “Public health is within the State List under the Constitution and the State is bound to show sensitivity in dealing with such nature of issues involving illegal human organ trading and the wider allegations raised in the public domain. When the State appointed team itself has made certain serious allegations against the private hospitals and medical college hospitals etc, the State is not expected to remain as mute spectator. The State is even hesitating to register an F.I.R and arguing before the Court that there is a statutory bar in registering an F.I.R. Such a stand is unacceptable.”

“The Special Investigation Team will be headed by Mr.Premanand Sinha, I.P.S and he will assist the team of officials to conduct investigations into the allegations of a human organ transplantation racket including illegal kidney transplantations across the State of Tamil Nadu”, the Bench ordered.

Advocate M.Rajarajan represented the Petitioner while Additional Government Pleader J.Ashok represented the Respondent.

Factual Background

The Public Interest Litigation (PIL) was instituted by a practising lawyer before the Madurai Bench of Madras High Court on the premise that the respondents were involved in the kidney trading business, and a complaint was also made. However, no FIR was registered. The State Government constituted a Committee. Based on the complaints, an enquiry was initially made in the Pallipalayam area of Tiruchengode Taluk, Namakkal District, regarding illegal kidney transplantations. During the enquiry, it was found that one donor revealed that she was induced with money by a broker to donate her kidney.

Based on the preliminary enquiry, the licenses granted to Dhanalakshmi Srinivasan Medical College and Hospital, Perambalur and Cethar Hospital, Tiruchirappalli, to conduct kidney transplants were suspended as per Section 16(2) of the Transplantation of Human Organs and Tissues Act, 1994 (TOHO Act). The licenses were cancelled by the competent authority, and it was further found that the required certificates as per the TOHO Act were fabricated to create the impression that the donor and recipient were family friends. The enquiry also revealed that donors (non-relatives) other than near relatives were arranged by brokers for financial reasons.

Reasoning

The Committee found that large-scale trading of human organs is being made in an illegal manner. The Bench noticed that the Committee appointed by the Government itself identified several irregularities and illegalities in kidney transplantations and trading of kidneys illegally, which would constitute not only offences under the TOHO Act, 1994, but also offences under the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023).

The Bench was of the view that the allegations involved were not stopping with the provisions of the TOHO Act, 1994, but the offences under the BNS, 2023 were also traceable in the context of the wider allegations raised in the public domain and the preliminary investigation conducted by the team of officials constituted by the State.

“This Court is of the considered view that trafficking in human organ would infringe the fundamental right of a citizen. Any violation would not only offends Article 21 of the Constitution of India but would result in serious health issues of the donor or recipient. It has got larger repercussions and wider implications in the matter of maintenance of public health. Public health is within the State List under the Constitution and the State is bound to show sensitivity in dealing with such nature of issues involving illegal human organ trading and the wider allegations raised in the public domain”, it said.

The Bench thus appointed certain Police officials as a Special Investigation Team to investigate the large-scale and wider allegations of the human organ transplantation racket, including illegal kidney transplantations. The Bench also ordered, “The Madurai Bench of Madras High Court will monitor the investigations. The Special Investigation Team is directed to submit reports before the Registrar (Additional Registrar General) or the Registrar (Judicial), Madurai Bench of Madras High Court periodically or on hearing dates, as the case may be.”

Posting the matter on September 24, 2025, the Bench directed the submission of the first investigation report by the Special Investigation Team on the same date.

Cause Title: S.N.Sathishwaran v. The Chief Secretary to the Government of Tamil Nadu (Case No.:W.P(MD)No.22623 of 2025)

Appearance

Petitioner: Advocates M.Rajarajan, R.A.S.Senthilvel

Respondent: Additional Government Pleader J.Ashok, Additional Advocate General M.Ajmal Khan Assisted by Additional Public Prosecutor T.Senthil Kumar Deputy Solicitor General of India K.Govindarajan, Advocates G.Prabhu Rajadurai, K.Shwathini

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Madras High CourtJustice S.M.SubramaniamJustice G.Arul Murugan

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.