Supreme Court Orders Review of Brain Death Guidelines

Authority: Supreme Court of India

Order Date: 24-08-2026

Case Overview

• Petitioner: Dr. S. Ganapathy; Respondents: State of Kerala (represented by the Chief Secretary), Union of India, and Indian Medical Association (IMA).
• The petition arises from the impugned final judgment and order dated 28-06-2017 of the Kerala High Court (WP No. 5552/2017) concerning brain stem death certification.
• The Union of India placed before the Court the National Guidelines on Brain Stem Death Certification, 2026; the petitioner confirmed he had already perused these publicly available guidelines.
• The petitioner circulated a questionnaire related to the guidelines, a copy of which was shared with the Union’s counsel (Additional Solicitor General Aishwarya Bhati) and the IMA’s senior advocate (S. Gopakumaran Nair).

Final Outcome

• The Court directed the counsel for the respondents to obtain instructions on the questionnaire within four weeks from the date of the order.
• The matter was listed for further hearing on 06.10.2026 before Hon'ble Justices Vikram Nath and Sandeep Mehta.

Topics: Brain Death Certification, Medical Guidelines