Towards a Uniform and Equitable Organ Transplant Framework in India

Context:
The Supreme Court of India has underscored the urgent need for a uniform national organ transplant policy to address regional disparities, inequitable access, and gaps in donor welfare across states. The Court emphasised that organ transplantation must operate on principles of transparency, equity, and uniformity, transcending gender, regional, and socio-economic barriers, while also ensuring adequate post-operative care for live donors.

Key Highlights:

Supreme Court’s Observations

• The Court called for a uniform national policy on organ transplantation.

• Emphasised that access to organ transplants should not be restricted by:

  • Gender

  • Region

  • Class or economic status

• Highlighted the often-overlooked issue of post-transplant medical care for live donors.

Directions to States

• The Central Government was directed to persuade Andhra Pradesh to adopt the 2011 amendments to the Transplantation of Human Organs Act, 1994.

• Karnataka, Tamil Nadu, and Manipur were directed to adopt the Transplantation of Human Organs and Tissues Rules, 2014.

• These directions aim to ensure uniform implementation of existing legal frameworks.

Need for Policy Uniformity

• Lack of uniformity has led to:

  • Variations in eligibility criteria

  • Delays in organ allocation

  • Unequal access to transplantation facilities

• A standardised policy would:

  • Streamline procedures

  • Reduce scope for bias and malpractice

  • Improve public trust in the transplantation system

Donor Welfare and Ethical Concerns

• Live donors often face:

  • Long-term health risks

  • Inadequate post-operative medical support

• The Court stressed that donor protection is integral to ethical transplantation practices.

Relevant Prelims Points:

• Issue: Disparities and inconsistencies in organ transplantation policies across states.

• Causes:

  • Uneven adoption of central laws and rules

  • Weak coordination between Centre and States

• Legal Framework:

  • Transplantation of Human Organs Act, 1994

  • Transplantation of Human Organs and Tissues Rules, 2014

• Government Responsibility:

  • Ensure uniform implementation

  • Protect donor rights and welfare

• Benefits of Uniform Policy:

  • Equitable access to organs

  • Greater transparency

  • Reduced ethical violations

• Challenges:

  • Federal diversity in health governance

  • Capacity constraints in some states

• Impact:

  • Strengthens right to health

  • Enhances fairness in public health systems

Relevant Mains Points:

• Key Concepts Explained:

  • Organ Transplantation: Replacement of a diseased organ with a healthy donor organ

  • Live Donor: A living individual donating an organ

• Constitutional and Governance Dimensions:

  • Article 21: Right to life and health

  • Cooperative Federalism in health policy

• Ethical and Social Justice Perspective:

  • Preventing exploitation of vulnerable donors

  • Ensuring post-donation care and dignity

• Governance Issues:

  • Fragmented policy implementation

  • Inadequate monitoring of donor welfare

• Way Forward:

  • Adopt a uniform national transplant policy

  • Mandatory post-operative care protocols for donors

  • Strengthen national organ registries and allocation systems

  • Capacity building in under-served states

  • Promote public awareness and voluntary donation

UPSC Relevance (GS-wise):

• GS 2 (Polity): Supreme Court directions, federalism

• GS 2 (Governance): Health policy, uniform implementation of laws

• GS 2 (Social Justice): Equitable access to healthcare, donor protection

• GS 2 (Prelims): Organ transplantation laws and rules