New Delhi, November 19, 2025 — The Supreme Court on Wednesday ordered the central government to establish a national framework for organ donation and allocation, in consultation with state governments, to ensure a fair and transparent system. The directive came during hearings on a PIL filed by the Indian Society of Organ Transplantation.
A bench headed by Chief Justice B.R. Gavai and Justice K. Vinod Chandran called for standardised rules to reduce disparities in access and ensure uniform criteria for organ donors. The court also urged Andhra Pradesh to adopt the 2011 amendments to the Transplantation of Human Organs Act, 1994. It further instructed several states, including Karnataka, Tamil Nadu, and Manipur, to adopt the 2014 Transplantation Rules without delay.
To address regional gaps, the bench emphasised the need for setting up State Organ and Tissue Transplant Organisations (SOTOs) in areas like Manipur, Nagaland, the Andaman and Nicobar Islands, and Lakshadweep under the National Organ Transplantation Programme.
The court also highlighted the protection of live donors, instructing the government to create guidelines that ensure their welfare, prevent commercialization, and provide post-donation care. Furthermore, it ordered a revision of birth and death registration forms (Form 4 and Form 4A) to clearly indicate if a death was due to brain death and if organ donation was offered to families.
During proceedings, the petitioner’s counsel raised concerns about caste and gender bias in organ transplants, and the court agreed that these must be tackled through equitable allocation criteria. The court also supported calls for a central database of organ donors and recipients to fill current information gaps.
