Court Rejects Brain Death Challenge

The High Court of Kerala dismissed a Public Interest Litigation (PIL) plea challenging the validity of 'brain death' certification in India and the constitutional validity of Sections 2(d) and 2(e) of the Transplantation of Human Organs and Tissues Act, 1994 (THOTA).   

The court ruled that Parliament was the sole authority to define medical and legal standards for 'brain death' and held that courts could not review the legislative intent on such matters.

The petitioner made a number of arguments:

1. There is no uniform process across the globe to certify a person as brain dead.
2. The very notion of brain death lacks scientific validity. The procedures followed in India for certifying a person as brain dead under THOTA lack uniform scientific backing.
3. Certifying a person as brain dead violated Article 21 of the Constitution, which guarantees the right to life.
4. Patients declared brain dead later regained consciousness or even gave birth while on life support, questioning the reliability of the existing system.
5. The absence of a prescribed time frame before declaring a person brain-dead creates room for errors.

But the Court rejected these arguments, emphasizing that Section 2(d) of THOTA explicitly defines brain stem death as the irreversible and permanent cessation of all brain functions. And the Supreme Court’s decision in Aruna Ramachandra Shanbaug v Union of India, recognized brain death as the end of life.