SC Directs Union Health Ministry To Examine Grievance Against Mandate Of Domicile Certificate For Registering Organ Transplantation
The Supreme Court has directed the Union Ministry of Health and Family Welfare to examine the requirement of obtaining a domicile certificate for registering an organ transplantation imposed by States across the country.
The bench of Chief Justice DY Chandrachud and Justice PS Narasimha directed the Union Ministry of Health and Family Welfare to examine the matter at an appropriate level.
"The matter may 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.", the Court directed.
The Court was dealing with a plea seeking diverse reliefs in the context of the Transplantation of Human Organs Act 1994, enacted with the object of regulating the removal and transplantation of human organs.
The grievance of the petitioner is that the requirement of obtaining a domicile certificate for registering 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 petitioner had also sought guidelines for the implementation and regulation of the Act and the rules made thereunder viz. Transplantation of Human Organs and Tissues Rules, 2014.
It has been stated by the petitioner that the practical difficulties arising out of the Act are such that they are defeating the very purpose and object of the Act and resulting in the violation of the constitutional rights of citizens under Articles 14,19, and 21 of the Constitution of India.
The petitioner stated that imposing unnecessary procedural requirements of a domicile certificate to register onself for cadaveric transplant create unnecessary roadblocks for those already reeling under the physical and emotional trauma of a chronic kidney failure.
The plea filed through Advocate Mohini Priya also states that there is a lack of uniformity in organ transplantation rules across states.
The petitioner had prayed for directions to the State Governments to bring in uniform Rules as regards residency requirement for the registration of the donor and the recipient, in consonance with the Central Rules.
The petitioner has also prayed for guidelines to the State Governments to bring in uniformity regarding the procedure and jurisdiction of the Authorization committees for issuance of an NOC for organ transplantation.
"...we are of the considered view that it would be appropriate if the matter is examined by the Union Ministry of Health and Family Welfare.", the Court observed.
The Petitioner-Gift of Life Adventure is a registered non-profit trust dedicated to the cause of organ transplantation in India.
Cause Title- Gift of Life Adventure Foundation v. Union of India & Ors.
Click here to read/download the Order