Gujarat Government’s policy of giving priority to people domiciled in the State for cadaveric organ transplant, which takes place after the death of the donor, has been declared by the High Court to be unconstitutional.
Referring to the Article 21 of the Constitution, the HC single bench of Justice Biren Vaishnav noted, “While interpreting Article 21 of the Constitution of India, the Apex Court has held that the ‘Right to Health’ is an integral part of the ‘Right to Life’ and the State has a constitutional obligation to provide health facilities. Denial of medical treatment to the petitioners who are not domiciles of Gujarat is illegal and unconstitutional.”
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