1. The present Writ Petition has been filed at the instance of the Indian Society of Organ Transplantation in order to highlight the issues with regard to uniformity, equality and access in the realm of organ donation for both the donors and the recipients.

2. The Transplantation of Human Organs Act, 1994 (for short, "the 1994 Act") was enacted pursuant to the resolutions passed by various States under Art.252(1) of the Constitution of India. The said legislation falls under Entry 6 of List II of the 7th Schedule pertaining to "Public health and sanitation; hospitals and dispensaries". The 1994 Act was adopted by all the States.

3. Certain important amendments were made to the 1994 Act in the year 2011, again pursuant to the resolutions passed by the States under Art.252(1) of the Constitution of India. The main purpose of the 2011 amendment was to include 'tissue' transplants within the scope of 1994 Act. The said amendment also introduced S.9(3A) enabling swap transplantation for the first time. It also broadened the definition of 'near relatives', set up the National Human Organs and Tissues Removal and Storage Network, and established the National Registry for Transplants. The