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

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 Programmeafter consulting the statesthe 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. The PIL filed by ISOT highlighted absence of a consolidated national donorrecipient database, disparities in access due to class and gender, and the dominance of private hospitalsconducting nearly 90% of transplants. In one of its earlier hearings, the court had sought detailed state-wise statistics on the implementation of transplant laws. Also in top court Activist gets bail in Elgar Parishad case The Supreme Court on Wednesday granted interim bail to activist Jyoti Jagtap, who was arrested in 2020 in the Elgar Parishad-Maoist links case. A bench of Justices M M Sundresh and Satish Chandra Sharma passed the order. The HC had said Jagtap was an active member of the Kabir Kala Manch group, while denying bail. Verdict on Prez reference today The Supreme Courts five-judge Constitution bench, headed by the CJI B R Gavai, will pronounce the judgement on Thursday on President Droupadi Murmus reference case on whether timelines can be imposed on Governors and the President for granting assent to State bills.The bench of the apex court had reserved its verdict on September 11.