Parties: Indian Society of Organ Transplantation vs. Union of India
Lawyer: Anand Dilip Landge
Decision By: Hon'ble The Chief Justice
Case Number: 1331/2025
The Supreme Court of India has made an important decision to improve organ donation systems across the country. The case, brought by the Indian Society of Organ Transplantation against the Union of India, pointed out big problems in how people can donate organs and how these processes differ from place to place.
The Indian Society of Organ Transplantation filed a request to fix the differences in organ donation laws across India. They wanted to make sure that both people giving and receiving organs have the same access to transplant services.
The Transplantation of Human Organs Act, 1994, was created to oversee organ transplants. In 2011, changes were made to include tissue transplants and allow swap transplants. However, not all states have accepted these changes, causing differences in the laws.
As of November 19, 2025, Andhra Pradesh has not accepted the 2011 changes, and states like Karnataka, Telangana, and Manipur have not accepted the 2014 rules. This lack of consistency makes it hard to have a national organ donation policy.
The court noticed that some areas, including Meghalaya, Nagaland, and some Union Territories, do not have a State Organ and Tissue Transplant Organization (SOTTO). Without these, organ transplants can't be done properly.
The petitioner suggested connecting brain-stem death certification with the death certificate to boost organ donations. They recommended changing the Registration of Births and Deaths Rules, 1999, to include brain-dead certification and an option to donate organs.
The court stressed the need for a national policy on swap transplantation. Due to low organ donation rates and matching issues, a national network could connect donors and recipients across states, increasing transplant numbers.
The decision highlighted the lack of registered hospitals for organ transplants in several states. It called for a five-year plan to develop facilities and ensure hospitals meet necessary standards.
The court emphasized the importance of caring for live donors after surgery, referencing WHO guidelines. The decision urged the creation of a national policy to protect donors and prevent them from being taken advantage of.
The court appreciated the teamwork between the Union of India and the Indian Society of Organ Transplantation. It directed the Union to work with states to adopt necessary changes and develop consistent policies.
The court has asked for updates on these directives and plans to review the progress in six months, with the case to be revisited by a group of judges including Justice K. Vinod Chandran.
This important decision is a big step towards creating a fairer and more effective organ donation system in India.
