Right to Health - The Legal Chamber

The Supreme Court, exercising its jurisdiction under Article 32, issued comprehensive directions to ensure uniformity in India's organ transplantation framework. It mandated the adoption of the 2011 Amendment and 2014 Rules by all States, and directed the formulation of a uniform national policy for allocation, swap transplantation, and live donor welfare to prevent discrimination and commercialization. Facts Of The Case: The Writ Petition was filed by the Indian Society of Organ Transplantation, highlighting systemic deficiencies in India's organ donation and transplantation ecosystem. The petitioner argued that the lack of uniform adoption of the Transplantation of Human Organs (Amendment) Act, 2011, and the Transplantation of Human Organs and Tissues Rules, 2014, by certai...

In a significant ruling, the Supreme Court issued comprehensive directives for all Beggars' Homes across India, mandating minimum standards for healthcare, sanitation, nutrition, and infrastructure. The judgment affirms that such institutions are a constitutional trust and that inhumane conditions violate the fundamental right to life with dignity under Article 21, requiring a shift from a punitive to a rehabilitative model. Facts Of The Case: The case originated from a Public Interest Litigation filed after news reports in May 2000 exposed a cholera and gastroenteritis outbreak at the Beggars’ Home in Lampur, Delhi, leading to multiple inmate deaths. The reports alleged that contaminated drinking water was the cause, a fact later confirmed by a magisterial inquiry which found faecal con...

Tag: Right to Health

Supreme Court Orders Uniform National Policy for Organ Donation & Transplantation