Supreme Court to hear PIL for organ donations in district hospitals

NEW DELHI: Observing that the number of people waiting for organ donation is alarming, the Supreme Court on Friday agreed to hear a PIL seeking its direction to Centre and states to provide infrastructure and healthcare facilities in all govt hospitals to undertake organ donation.

A bench of Justices Surya Kant and K V Viswanathan issued notice to Centre, states and Union Territories seeking their response on a PIL filed by a NGO. Senior advocate Vikas Singh and lawyer Varun Thakur, appearing for the petitioner, brought to court's notice that there wasn't any proper infrastructure in govt hospitals at district level and such facilities are available in capital cities.

The petitioner NGO, Gaveshna Maanvotthan Paryavaran Evam Swasthya Jaagrookata Samiti, in its petition referred to one study conducted in 2018 about people's willingness to donate organs after death and told the court that Colombia and India with 75% and 74% respectively had highest percent of willing people to donate organs after death, ahead of Spain (72%), UK (67%) and Germany (53%). But there is lack of infrastructure and facilities in hospital for organ harvesting,

The petitioner alleged that innumerable people are losing their life and the ones coming forward to donate their organs are facing hardships due to lack of infrastructure in medical institutions.

"It is estimated that the total number of brain deaths due to accidents in India is nearly 1.5 lacs annually. Other causes of brain death will add to the numbers. However, organ donation rate is 0.86 per million population. The total number of deceased transplants done in India in 2022 were only 1,589 kidneys, 761 livers and 250 hearts only, contrast to the demand for human organ donation. There is a need for approx. 5 lakh organs. Barely, 2-3% of demand is met, and many people die of organ failure every year across India. Quantifying the problem - there is a need of roughly 200,000 kidneys, 50,000 hearts and 50,000 livers for transplantation each year. As per the Data for Organ Donation and Transplantation (2013-2022) and Report of NOTTO, India has done 16,041 transplants in the year 2022," the petition said.

"Petitioner seeking directions to ensure that all govt or semi-govt Medical Colleges and District Hospitals to fulfill all requirements under Section 14 and 14-A of the Transplantation of Human Organ (Amendment) Act 2011, and thereafter all such hospitals must be registered with National Organ and Tissue Transplant Organization (NOTTO) and further direction to governments to constitute Advisory Committees as per Section 13A of the Act in every State and UTs" it said.