A school student has filed a PIL before the Supreme Court of India challenging the constitutional validity of rules governing organ donation in India.

Kavish Garg, a student of Heritage International Xperiential School, Gurgaon, has filed a Public Interest Litigation (“PIL”) before the Supreme Court of India challenging the constitutional validity of Rule 5(4)(a) and Rule 5(4)(b) of the Transplantation of Human Organs and Tissues Rules, 2014 (THOTA).

Currently under THOTA, a person can authorize the removal of their organs after their death by following an authorization process, anytime before their death. This authorization must be made in writing and signed in the presence of two or more witnesses. However, the rules require the consent of the deceased person’s near relatives before their organs can be removed, even if the deceased donor has already given their consent in writing during their lifetime. 

As per the National Organ & Tissue Transplant Organisation (NOTTO), there is a shortage of more than 480,000 organs each year and thus every veto by a family member for any donation that the deceased had consented to while alive, has potentially deprived lifesaving organs to many individuals. The PIL argues that this requirement is unnecessary and directly conflicts with the provisions of the THOTA, which requires that the donor's wish be respected after their death in so far as the donation of their organs is concerned.

The PIL also highlights the violation of fundamental rights, including the right to bodily integrity, privacy, self-determination, and equality before the law. This PIL marks a critical milestone in the legal discourse surrounding organ donation in India, emphasizing the importance of upholding the rights and wishes of organ donors.

Kavish holds a deep passion for policy, particularly in the domain of health policies. His policy paper and the motivation behind the PIL, “Organ Donation in India: Problems and Future Pathways” is currently under peer review in the Indian Journal of Medical Ethics. He has also done extensive research on awareness of medical insurance and AB-PMJAY among daily-wage workers in Gurgaon and his paper was published in the Journal of Student Research.