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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
S. Ganapathy, S/o. Late advocate k. Sadanandan – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
Dr.S.Ganapathy, a septuagenarian, has not lost his spirit and energy in espousing a public cause. He approached this Court in this Public Interest Litigation with the following prayers.
ii. Declare that Section 2(d) and (e) of the Transplantation of Organs and Tissues Act 1994 (THOTA) is unconstitutional and arbitrary, being violative of Article 21 of the Constitution of India.
iii. Set aside Sections 2(d) and (e) of the THOTA, 1994,
iv. Issue such other relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
v. And award Costs.
2. He had moved this Court on an earlier occasion in WPC 5552/2017 pointing out the malpractice of Hospital authorities in declaring a patient as brain dead. This Court vide judgment dated 28/6/2017 directed the petitioner to bring to the notice of the competent authority in regard to the malpractices and directed the State to take appropriate action thereon.
3. Later it appears that Dr.Ganapathy realised that the brain death concept is factua
The definition of brain death is established by Parliament and cannot be subject to judicial review, emphasizing the separation of powers in policy matters.
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The court upheld that a pregnant woman's right to terminate a pregnancy beyond the statutory limit can be granted due to severe foetal health abnormalities affecting her mental health, interpreting t....
The right to terminate pregnancy beyond 20 weeks in cases of foetal abnormalities incompatible with life, as interpreted under Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1....
Right to die with dignity – Withdrawal of life support system from terminally-ill patients – Advance Medical Directive cannot operate in abstraction – There has to be safeguards.
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