Organ Transplantation – Judgements Beyond Customary Rules and Concepts

The permission for transplantation granted by the Authorisation Committee (District Level/State Level Committee for approval of unrelated transplants) and the Competent Authority (Hospital-based committee for approval of related transplants) is pivotal in preventing illegal practices in human organ transplantation. Interpreting some complex and challenging aspects of the Transplant Act sometimes makes the Authorisation Committees and Transplant Centres become excessively cautious and reluctant in granting permission for transplantation. This article recounts some significant judgements passed by the Honourable High Courts of India where the courts overruled the decisions of the aforesaid sanctioning authorities and granted permission for transplant either by bringing in amendments or by changing the way of interpretation of the transplant laws. Apart from resolving the mental and physical anguish of the patients and their families, these judgements also shed light on some of the grey areas of the transplant act.