Establishment of Bone Banks and Mandatory Public Sensitization Under the Transplantation of Human Organs Act, 1994

The Petitioner, an advocate and former law student, filed a Public Interest Litigation (PIL) seeking a Writ of Mandamus to direct the establishment of a Bone Bank at Government Rajaji Hospital, Madurai.

The petitioner argued that although the Union Government passed the Transplantation of Human Organs Act, 1994, leading to a Bone Bank in Chennai in 2005, Madurai lacked such a facility to assist patients requiring harvested bones (e.g., femur, tibia) for cancer treatment or joint replacements.

During the pendency of the writ, the State established the facility.

1. Whether the respondents should be directed to establish a Bone Bank and an associated Advisory Board at Government Rajaji Hospital, Madurai, to facilitate orthopedic surgeries and organ donation.

2. Whether the court should direct the conduct of awareness programs regarding the Transplantation of Human Organs Act, 1994, to sensitize the general public.

The court's reasoning was based on the Transplantation of Human Organs Act, 1994, which governs the removal, storage, and transplantation of human organs and tissues for therapeutic purposes.

The Court exercised its jurisdiction under Article 226 of the Constitution of India to oversee the implementation of public health infrastructure and ensure the statutory objectives of the 1994 Act were met in the interest of the general public.

The Court observed that the Writ Petition, though pending for six years, achieved its primary objective as the 7th Respondent (Dean, Government Rajaji Hospital) filed a status report confirming the establishment of the Bone Bank.

The facility was licensed on 16.12.2021 (Registration No. 460/2021) under the 1994 Act and had already benefited 197 patients by the time of the hearing.

The Court noted that while the infrastructure was now functional, there remained a significant need for public sensitization to maximize the utility of the bank and encourage donations.

Consequently, the Court determined that further mandatory directions for establishment were unnecessary, but educational outreach was essential.

The Court placed a formal request to the Tamil Nadu State Legal Services Authority and the District Legal Services Authority to examine possibilities for sensitizing the public about the advantages of Bone Banks and the salient features of the Transplantation of Human Organs Act, 1994.

No costs were ordered.