DR.S.GANAPATHY Vs. UNION OF INDIA

JUDGEMENT

(1.) Dr.S.Ganapathy, a septuagenarian, has not lost his spirit and energy in espousing a public cause. He approached this Court in this Public Interest Litigation with the following prayers.

(2.) He had moved this Court on an earlier occasion in WPC 5552/2017 pointing out the malpractice of Hospital authorities in declaring a patient as brain dead. This Court vide judgment dtd. 28/6/2017 directed the petitioner to bring to the notice of the competent authority in regard to the malpractices and directed the State to take appropriate action thereon.

(3.) Later it appears that Dr.Ganapathy realised that the brain death concept is factually and legally incorrect and there is no uniform scientific assessment across the globe in declaring a patient as brain dead. He, accordingly, came up with this writ petition on the ground that the concept of brain death and certification in India is unscientific and is violative of Article 21 of the Constitution. In tune with the larger prayer, he also seeks to declare Ss. 2(d) and 2(e) of the Transplantation of Human Organs and Tissues Act, 1994 (hereinafter referred to as 'THOTA') relatable to brain death as unconstitutional.