Kerala HC dismisses plea for Guidelines on Brain-Dead Persons Organ Transplantation
Kerala High Court
Kochi: In response to the Public Interest Litigation (PIL) filed by a doctor involved in a legal battle against hospitals conducting organ transplantation from brain-dead donors, the Kerala High Court on Monday dismissed the petition.
The bench hearing the case consisted of Justice A Muhammed Mustaque and P Krishna Kumar.
Dr. S Ganapathy’s PIL raised concerns regarding the concept of brain death and its implications in organ transplantation. The court heard arguments from the Union government, the state government, and the National Organ and Tissue Transplant Organisation (NOTTO) before dismissing the petition.
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The PIL filed by the doctor sought the issuance of guidelines for organ transplants in cases where a person is declared brain-dead. Dr. Ganapathy, along with Dr. Easwer of Poojapura, contended that the concept of brain death itself is flawed and that no organ transplantation should take place in such cases.
The High Court, in its order, acknowledged the detailed submissions made by both doctors involved in the case, recognizing the arguments presented both in support of and against the concept of brain death.
According to TNIE, the court also searched online and ChatGPT regarding prevalent policies followed with regard to brain death in some countries. It said the Parliament enacted the Transplantation of Human Organs and Tissues Act to provide regulation of the removal, storage, and transplantation of human organs.
Medical Dialogues had earlier reported that the Supreme Court sought responses from the Centre, the Directorate General of Health Services, and states on a PIL seeking a direction that only registered medical institutions be allowed to engage in the removal, storage or transplantation of human organs and tissues. A bench comprising justices Surya Kant and KV Viswanathan took note of the submission of senior advocate Vikas Singh, appearing for the PIL petitioner, that there was an urgent need to ensure that government or semi-government medical institutions must be registered with the National Organ and Tissue Transplant Organization (NOTTO) for undertaking transplantation of human organs and tissues.
