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SUPREME COURT OF INDIA
Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha, J.
Gift of Life Adventure Foundation – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition (Civil) Diary No(s). 32106 of 2022
Decided On : 05-12-2022
Transplantation of Human Organs Act 1994 - Domicile Certificate Requirement
Fact of the Case:
The petitioner sought relief under Article 32 of the Constitution regarding the imposition of a domicile certificate requirement for registering organ transplantation under the Transplantation of Human Organs Act 1994.
Finding of the Court:
The Court directed the petitioner to submit a representation to the Union Ministry of Health and Family Welfare to examine the grievance and take a policy decision to remedy the issue.
Issues: Imposition of domicile certificate requirement for registering organ transplantation.
Ratio Decidendi: The Court found it appropriate for the Union Ministry of Health and Family Welfare to examine the matter and make a policy decision to address the grievance expeditiously.
Final Decision: The petition was disposed of, and any pending application was also disposed of.
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 The Transplantation of Human Organs Rules 1995 were notified in February 1995 and have since been replaced by the Transplantation of Human Organs and Tissues Rules 2014.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 action to be adopted to remedy the grievance expeditiously.
5. The petition is accordingly disposed of.
6. Pending application, if any, stands disposed of.
AI
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.
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