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Frame national policy, uniform rules on organ transplant, SC tells Centre

7 months ago 63

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NEW DELHI: The Supreme Court on Wednesday issued a slew of directions to the Centre to frame a national policy and uniform rules in consultation with states to ensure a transparent and efficient system for organ donation and allocation.

A bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran passed the directions on a PIL filed by the Indian Society of Organ Transplantation (ISOT).

The CJI requested the Centre to persuade Andhra Pradesh to adopt the 2011 amendments to the Transplantation of Human Organs Act, 1994. In its order, the bench directed the Union government to frame a national policy containing “model allocation criteria.”

While ordering the Centre to establish necessary bodies and guidelines under the National Organ Transplantation Programme—after consulting the states—the apex court said these guidelines must ensure proper post-donation care and safeguards.

“The policy must eliminate state-wise discrepancies and ensure uniform criteria for donors across the country. The new framework must directly address gender- and caste-based disparities that affect access to organ transplantation,” the bench said.

Noting that Manipur, Nagaland, Andaman and Nicobar, and Lakshadweep lack a State Organ and Tissue Transplant Organisation (SOTO), the bench asked the Centre to constitute these bodies under the National Organ Transplantation Programme after consulting the states.

On the issue of saving live donors from ‘exploitation’, it asked the Centre to evolve guidelines for the welfare of live donors, ensuring they are cared for post-donation and to prevent their commercialisation and exploitation.

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