Authority: Supreme Court of India

Order Date: 15-09-2026

Case Overview

  • Parties: Indian Society of Organ Transplantation (petitioner) vs Union of India & others (respondents).
  • Petition sought exemption from filing O.T. and permission to file additional documents.
  • The Court recalled its earlier order dated 19-11-2025 and reiterated the following directions:

i. Union to persuade Andhra Pradesh (Chief Secretary/Health) to adopt the Principal Secretary Transplantation of Human Organs (Amendment) Act, 2011.

ii. Union to persuade Karnataka, Telangana, Andhra Pradesh and Manipur to adopt the 2014 Rules.

iii. Secretary, Health and Family Welfare to personally monitor points (i) and (ii).

iv. Constitute a State Organ Transplant Team (SOTTO) for Meghalaya and Nagaland under the National Organ Transplant Programme after consultation with the concerned States.

v. Through NOTTO, evolve model allocation criteria in consultation with all States, ensuring a uniform national policy that addresses gender, class and regional discrimination and provides uniform registration formats.

vi. Through Ministry of Home Affairs, NOTTO, Ministry of Health and Family Welfare and the petitioner, amend Form 4 and Form 4A of the Registration of Births and Deaths Rules, 1999 to include a column indicating brain‑stem death and whether organ donation option was offered to relatives.

vii. Through NOTTO, evolve national swap transplantation guidelines in consultation with all States to implement Section 9(3) of the 1994 Act, providing equal digital swap opportunities via an accessible web portal.

viii. Through NOTTO, develop transplantation facilities where public health infrastructure is inadequate and prepare a five‑year plan mapping the development of transplantation facilities across India.

ix. Through NOTTO, evolve guidelines for welfare of live donors, ensuring informed voluntary consent, portal maintenance, mandatory follow‑up with doctors, and prevention of commercialization and exploitation.

x. All States/UTs to ensure hospitals report organ donation and transplantation data, including donor and recipient details, to the national registry maintained by NOTTO as mandated under Section 13D of the 1994 Act.

xi. All State Governments/UT Administrations to take strict action against hospitals that default in furnishing the required data.

  • The matter was ordered to be placed after six months for compliance reporting.

Final Outcome

  • On the current hearing, Additional Solicitor General Ms. Archana Pathak Dave stated that most directions have been complied with but requested an additional six‑month period to report full compliance.
  • The Court emphasized the sensitivity of the litigation, reiterated the importance of the directions, and ordered that the Union ensure complete compliance in both letter and spirit within the next six months, after which the matter will be revisited.

Topics: Organ Transplant Policy, Judicial Directions