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D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Gift of Life Adventure Foundation – Appellant
Versus
Union of India – Respondent
ORDER
1. Delay condoned.
2. The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution seeking diverse reliefs in the context of the Transplantation of Human Organs Act 1994, which was enacted on 8 July 1994 with the object of regulating the removal and transplantation of human organs. The Transplantation of Human Organs Rules 1995 were notified in February 1995 and have since been replaced by the Transplantation of Human Organs and Tissues Rules 2014.
3. 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.
4. Having due regard to the above grievance, 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. We permit the petitioner to submit a representation to the Secretary in the Union Ministry of Health and Family Welfare. The matter may be examined at an appropriate level and a policy decision taken on the appropriate course of acti
The Court emphasized the need for the Union Ministry of Health and Family Welfare to address the grievance regarding the domicile certificate requirement for organ transplantation registration.
The respondent authority is mandated to timely consider and adjudicate upon applications for organ transplantation under the Transplantation of Human Organs and Tissues Act, 1994, rather than indefin....
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The court directed a statutory authority to dispose of pending organ transplantation applications within a specified timeframe, emphasizing the duty of administrative bodies to avoid inordinate delay....
The Authorisation Committee must provide reasoned decisions in organ transplantation cases, ensuring transparency and adherence to natural justice principles, especially when the decision affects the....
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