AMAR SINGH BHATIA Vs. SIR GANGA RAM HOSPITAL

JUDGEMENT

(1.) The present petition brings to focus an important lacuna regarding the implementation of the Transplantation of Human Organs and Tissues Act, 1994 (hereinafter, '1994 Act') and the Transplantation of Human Organs and Tissues Rules, 2014 (hereinafter, '2014 Rules').

(2.) A brief background is that the present petition was filed by the Petitioners-Mr. Amar Singh Bhatia & Mukesh Kumar under Article 226 of the Constitution of India.

(3.) The Petitioner No. 1-Amar Singh Bhatia had retired from the Indian Air Force on 20/2/2006. On 20/3/2017, he was diagnosed with end stage chronic kidney disease (hereinafter, 'CKD') or kidney failure at the Shrinath Medicity Hospital in Bareilly, Uttar Pradesh. Thereafter, from March, 2017 to November, 2018 he obtained treatment from various hospitals such as Fortis Hospital, Noida and ECHS Polyclinic, Bareilly. In the meantime, the Shrinath Medicity hospital at Bareilly advised regular maintenance haemodialysis twice a week. The Petitioner No. 1 was additionally advised to undergo dialysis thrice a week.