NAVANITI PRASAD SINGH, J.

1. Dr. S. Ganapathy has brought this public interest litigation primarily to draw the attention of the court to an alleged malpractice in declaring a patient to be brain dead when he, in fact, is not brain dead, only with the intention to facilitate harvesting of organs for transplantation. He had drawn the attention of this Court to the fact that the most common easy test was EEG, but that was not being resorted to. Instead, insistence is upon apnea test, which is not properly done and by concealing the actual state of affairs to the near relatives. In simple words, what he submits is that even though a person may not be brain dead, to facilitate organ transplantation, the doctors declare a patient brain dead and then persuade the family to donate the organs. Initially, this Court evinced interest in his submissions noticing that one of the highest organ transplantations in any State is being done in the State. We, therefore, noticed the Union of India and the State of Kerala to respond to the allegations.

2. On behalf of the Union of India, an affidavit has been filed pointing out the provisions of the Transplantation of Human Organs and Tissues