In order to provide the impoverished and marginalized with equal access to these life saving surgical operations, the Supreme Court agreed on Tuesday to create complete guidelines on organ transplantation and asked the government and the petitioner for collaborative ideas.
Senior attorney K Parameshwar, speaking on behalf of the petitioner, told a bench of CJI B R Gavai and Justice K Vinod Chandran that a nationwide organ availability data grid is necessary so that potential receivers in line can know where they stand and their chances of receiving a transplant. He stated that a waitlist of recipients for the entire state needs to be created.
According to Parameshwar, 90% of hospitals and clinics that are authorized to do the surgical operations are in the private sector, which is only available to the wealthy and powerful, meaning that members of the underprivileged and marginalised segments of society have no opportunity of receiving organ transplants.
He noted that in order to allow underprivileged people to receive organ transplant surgery at a reasonable cost, the SC must order the Center and the states to build at least one hospital in each state and UT.
Additionally, he pointed out that the majority of organ donors were female, despite the fact that the majority of beneficiaries were male.
The petitioner's recommendations were accepted by Solicitor General Tushar Mehta, who stated that there should be two regimes: one for regular donors and another for situations in which organs are taken from people who die in accidents.
According to Justice Chandran, there were numerous instances of "motivated accidents" in the South that made it possible to harvest organs for a recipient who was interested.
"I've been informed that it primarily occurs on highways. He claimed that a serving police officer who was likely aware of this scam wrote the screenplay for a movie that was produced in Kerala about the subject.
Mehta described them as startling murder instances. Mehta, additional solicitor general Archana D. Pathak, and Parameshwar were instructed by the CJI led bench to prepare the order's common points and present it to the court on Wednesday.
