Case Note & Summary
This public interest litigation was filed by an advocate, who was a law student at the time of filing, under Article 226 of the Constitution seeking a writ of mandamus directing the respondents to establish a Bone Bank at the Government Rajaji Hospital in Madurai, along with necessary staff, an advisory board, equipment, and public awareness programs under the Transplantation of Human Organs Act, 1994. The petitioner highlighted that the Union Government had passed the Transplantation of Human Organs Act in 1994, which led to the establishment of a Bone Bank in Chennai in 2005. Bones such as femur, tibia, humerus, and pelvis could be harvested from human bodies and used for patients suffering from cancer, fractures, or requiring joint replacements, thereby replacing metallic implants. The Dean of the hospital had previously sent proposals for such a Bone Bank in 2017 and 2018. During the pendency of the writ petition, the seventh respondent, the Dean of Government Rajaji Hospital, reported through a status report that a Bone Bank had been established on 16 December 2021 after obtaining a license from the Government of Tamil Nadu under the Transplantation of Human Organs Act, 1994, with registration number 460/2021. The Bone Bank was functioning in the Department of Orthopaedics and had benefited 197 patients between 2022 and 2025. The status report also mentioned steps towards establishing a Bone Marrow Transplant facility. The main legal issue before the court was whether a mandamus should be issued to compel the establishment of the Bone Bank and awareness programs. However, since the primary relief had been achieved, the focus shifted to the need for public sensitization. The petitioner’s counsel pressed for relief, while the respondents, through their counsel, placed the status report on record. The court noted that the efforts of the petitioner in filing the PIL had contributed to the establishment of the Bone Bank and the resulting benefits to patients. Nevertheless, the court emphasized that greater publicity and awareness were necessary to inform the public about the facility and the provisions of the Transplantation of Human Organs Act. Consequently, the court disposed of the writ petition and made a request to the Tamil Nadu State Legal Services Authority to examine the possibility of conducting public sensitization through District Legal Services Authorities about the Bone Bank and the salient features of the Act. No costs were imposed. The decision primarily acknowledged the fulfillment of the petition’s objective, while urging further official action on public education.
Headnote
A) Constitutional Law - Public Interest Litigation - Directions for Establishment of Bone Bank and Public Awareness - Transplantation of Human Organs Act, 1994 - The petitioner, an advocate, filed a PIL seeking mandamus to establish a Bone Bank at Government Rajaji Hospital, Madurai, and to conduct awareness programs under the Act. During the pendency, the seventh respondent established the Bone Bank on 16.12.2021 and reported that 197 patients have benefited. The Court disposed of the petition noting the establishment and requested the Tamil Nadu State Legal Services Authority to sensitize the public about the Bone Bank and the Act. Held that the writ petition stands disposed of with a recommendation for public awareness. (Paras 3-5)
Issue of Consideration
Whether a direction should be issued to establish a Bone Bank in Government Rajaji Hospital, Madurai, and to conduct awareness programs regarding the Transplantation of Human Organs Act, 1994.
Final Decision
The writ petition is disposed of noting that the Bone Bank has been established and is functional. The court requests the Tamil Nadu State Legal Services Authority to sensitize the general public through District Legal Services Authorities about the Bone Bank and the Transplantation of Human Organs Act, 1994. No order as to costs.
Law Points
- Legal points not extracted
- Establishment of bone bank under Transplantation of Human Organs Act
- 1994
- public interest litigation
- directions for public awareness
