Gujarat Govt’s Policy Giving Preference To Domiciled Residents In Cadaveric Organ Transplant Unconstitutional: High Court
Case: Vidya Ramesh Chand Shah v. State of Gujarat
Coram: Justice Biren Vaishnav
Case No.: R/Special Civil Application No. 18056 of 2022
Court Observation: “While interpreting Article 21 of the Constitution of India, the Apex Court has held that the ‘Right to Health’ is an integral part of the ‘Right to Life’ and the State has a constitutional obligation to provide health facilities. Denial of medical treatment to the petitioners who are not domiciles of Gujarat is illegal and unconstitutional.”
“Reading the Act of 1994 and the Rules thereunder indicate that the purpose of the Act is to stem commercialization in organ trade and therefore a mechanism to monitor absence of commercial consideration between recipient and donor are sought to be controlled. For the purposes of the Act, the powers to curb such transactions cannot be extended to formulate executive instructions giving only a domicile of a State to be able to register himself or herself for organ donation, as a recipient as there is no nexus sought to be achieved. When the purpose of the Act and the Rules is as to prevent commercial dealings in human organs and tissues as well as to regulate transplantation of human organs for therapeutic use, the purpose of the Act and the Rules was never to restraint medical treatment to the domicile of a State.”
Previous Posts
Family Court Can Restore Application U/S 125 CrPC After Its Dismissal For Default: Orissa High Court
Doctrine Of Group Of Companies, Can’t Implead Third Party To Arbitration: Delhi High Court
Keywords
Gujarat Govt’s Policy
