Case Note & Summary
This Public Interest Litigation was filed by The Mango Foundation, a registered non-profit organization, seeking enforcement of the Transplantation of Human Organs and Tissues Act, 1994 and the Transplantation of Human Organs and Tissues Rules, 2014 in the State of Goa. The petitioner alleged that the State had failed to notify a State Organ and Tissue Transplant Organization (SOTTO), create transparent waiting lists for organs, designate retrieval teams in each district, and establish a dedicated website linked to the Regional and National Organ and Tissue Transplant Organizations. The respondents included the State of Goa, Goa Medical College, Health Secretary, Union of India, ROTTO Western Region, and NOTTO. The court heard arguments from the petitioner's counsel and the respondents, including the Advocate General for the State. The court found merit in the petition and directed the Health Secretary to notify Goa Medical College as SOTTO within four weeks, with specific requirements: a criteria-based transparent waiting list linked to ROTTO and NOTTO, designated organ and tissue retrieval teams in each district, and a dedicated website linked to ROTTO and NOTTO websites. The court also directed the Union of India and other respondents to provide necessary support. The judgment was pronounced on 7th August 2019 by a division bench of Justices M.S. Sonak and Nutan D. Sardessai.
Headnote
A) Public Interest Litigation - Enforcement of Statutory Provisions - Transplantation of Human Organs and Tissues Act, 1994 - The petitioner sought directions to the State of Goa to notify a SOTTO, create transparent waiting lists, designate retrieval teams, and establish a dedicated website linked to ROTTO and NOTTO. The Court held that the State is obligated to implement the Act and Rules to ensure effective organ transplantation regulation. (Paras 4-6) B) Organ Transplantation - State Organ and Tissue Transplant Organization (SOTTO) - Sections 13A, 13B, 13C of the Transplantation of Human Organs and Tissues Act, 1994 - The Court directed Respondent No.3 (Health Secretary) to notify Respondent No.2 (Goa Medical College) as SOTTO within four weeks, with transparent waiting lists, retrieval teams, and a dedicated website linked to ROTTO and NOTTO. (Para 6) C) Organ Transplantation - Waiting List and Allocation - Rules 7, 8, 9 of the Transplantation of Human Organs and Tissues Rules, 2014 - The Court emphasized the need for a criteria-based transparent waiting list for organs and tissues to ensure equitable allocation. (Para 4) D) Organ Transplantation - Retrieval Teams - Rule 10 of the Transplantation of Human Organs and Tissues Rules, 2014 - The Court directed designation of organ and tissue retrieval teams in each district of Goa. (Para 4) E) Organ Transplantation - Website and Networking - Rules 11, 12 of the Transplantation of Human Organs and Tissues Rules, 2014 - The Court directed creation of a dedicated website linked to ROTTO and NOTTO for transparency and coordination. (Para 4)
Issue of Consideration
Whether the State of Goa has failed to notify a State Organ and Tissue Transplant Organization (SOTTO) and implement the provisions of the Transplantation of Human Organs and Tissues Act, 1994 and Rules, 2014, and whether directions should be issued for compliance.
Final Decision
The court directed Respondent No.3 (Health Secretary, Government of Goa) to notify Respondent No.2 (Goa Medical College and Hospital) as a State Organ and Tissue Transplant Organization (SOTTO) within four weeks, with a criteria-based transparent waiting list linked to ROTTO and NOTTO, designated organ and tissue retrieval teams in each district, and a dedicated website linked to ROTTO and NOTTO websites. Rule made absolute accordingly.
Law Points
- Enforcement of statutory provisions
- Public Interest Litigation
- Organ transplantation regulation
- Duty of State to notify authorities
- Transparency in organ allocation
