KOCHI: Kerala High Court on Monday dismissed a public interest litigation (PIL) petition filed by a doctor seeking issuance of guidelines for organ transplantation of a brain-dead person. The petition was dismissed by a bench comprising Justice A Muhammed Mustaque and P Krishna Kumar.
The petition was filed by Dr S Ganapathy who is carrying out a legal battle against hospitals involved in organ transplantation after a donator suffered brain death. The court had heard the Union government, state government and National Organ and Tissue Transplant Organisation (NOTTO).
Apart from Dr S Ganapathy, Dr Easwer of Poojapura impleaded in the case. Dr Ganapathy in the petition sought a declaration that the concept of brain death is wrong and that no organ transplantation shall be caused by a person alleged to have suffered brain death.
In its order, the court appreciated both doctors at the outset for their submission made before the court both against and in support of brain death.
The court also searched online and ChatGPT regarding prevalent policies followed with regard to brain death in some countries. It said the Parliament enacted the Transplantation of Human Organs and Tissues Act to provide regulation of the removal, storage and transplantation of human organs.