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Indian Society of Organ Transplantation v. Union of India 2025 INSC 1361 -Transplantation of Human Organs Act

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Transplantation of Human Organs Act, 1994 - SC requested all all the States/Union Territories, who have not yet adopted the 2011 amendment and/or the 2014 Rules to take into consideration the importance of the issue and adopt the same- Though the life of a recipient is required to be taken care of, equally the life of a live donor who parts with a valuable part of his body should not be neglected and should be adequately taken care of after the operation is carried out- NOTTO must come forward with a national policy which also addresses concerns with regard to the maintenance of the health of a live donor after the operation is carried out - Several Directions issued.

Case Info

Case Details

  • Case name: Indian Society of Organ Transplantation v. Union of India & Ors.
  • Neutral citation: 2025 INSC 1361
  • Coram: B.R. Gavai, CJI; K. Vinod Chandran, J.
  • Judgment date: 19 November 2025, New Delhi

Caselaws and Citations

  • Vidya Ramesh Chand Shah v. State of Gujarat, (2022) SCC OnLine Guj 2021
  • Moideen v. State of Kerala, (2017) SCC OnLine Ker 21219

Statutes/Laws Referred

  • Constitution of India: Article 252(1)
  • Transplantation of Human Organs Act, 1994 (Entry 6, List II, Seventh Schedule)
    • Transplantation of Human Organs (Amendment) Act, 2011
    • Section 9(3A) (swap transplantation)
    • Section 13D (national registry reporting)
  • Transplantation of Human Organs and Tissues Rules, 2014
    • Rule 31(4)(f) (allocation criteria)
  • Registration of Births and Deaths Rules, 1999
    • Form 4 and Form 4A (brain‑stem death certification and organ donation option)
  • WHO Guiding Principles for Organ Donation (referenced for donor care and ethics)
Indian Society of Organ Transplantation v. Union of India 2025 INSC 1361 -Transplantation of Human Organs Act
Indian Society of Organ Transplantation v. Union of India 2025 INSC 1361 -Transplantation of Human Organs Act.pdf
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