ALL INDIA MOOT COURT 2019

MOOT PROPOSITION

PUHR and Others v. Union of Ananisthan

1. Ananisthan is a democratic republic with a federal system in South Asia, having a population

of 1.3 billion. Also known as the Republic of Ananisthan, it is the seventh-largest country by

area, the second-most populous country, and the most populous democracy in the world. The

Constitution, laws, institutions and social ethos of Ananisthan are substantially similar to that of

India.

2. Ananisthan is a developing country and it has shown tremendous growth in every field,

especially healthcare, in the past 3-4 decades. The most notable development in the field of

healthcare can be seen in the facilities the country offers in organ transplantation. The first

kidney transplantation in Ananisthan took place in May 1965. Since then, Ananisthan has been a

leading country in the field of transplantation in the Asian sub-continent.

3. Ananisthan enacted a legislation in the year 1994 (Transplantation of Human Organs Act)

foreseeing the possible commercial exploitation of people for organ harvesting. The Act

prohibited commercial transactions in human organs. The regulations under the Act, to an extent,

resulted in reducing the number of transplantation surgeries in Ananisthan and it proved to be of

no use in facilitating organ transplantations. The Act was amended in 2011 thereby defining and

including ‘brain-stem death’ as a criterion for organ harvesting. The procedure to be followed in

order to ascertain if the person is brain dead was laid down in the Rules made in pursuance of the

said provisions.

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4. Introduction of brain stem death gave a new momentum to the transplantation surgeries in

Ananisthan. The following years witnessed a tremendous increase in the number of

transplantation surgeries taking place in Ananisthan. The success rates of transplantation

surgeries attracted a number of wealthy tourists to Ananisthan for transplant surgery, which in

turn resulted in the inflow of foreign money into Ananisthan. Along with harvesting of organs

from the brain dead persons, the statute also gave thrust to living donations, with certain

regulations prescribed under the Act.

5. Nyayasthan is a state located in the southwestern coast of Ananisthan. The state is known for

its maximum literacy rates, educational institutions, beautiful beaches and hill stations.

Nyayasthan is also well known for its excellence in modern medicine as well as other recognized

medical systems and indigenous medical practices.

6. Amit, who was a daily wage labourer met with an accident, and was taken to the City

Government Hospital in the commercial capital city of Nyayasthan and was soon referred to

RLVM Superspeciality hospital. Amit was diagnosed with traumatic brain injury and needed a

surgery which was estimated to cost around INR 5 Lakh rupees. His family consisted of his old

and ailing mother, uneducated and unemployed wife and two school going kids. A stranger, met

at the hospital, after seeing the plight of the family advised Mrs. Amit that she can meet the

expenses of her husband’s treatment if she is willing to donate a kidney of hers. Mrs. Amit

readily agreed to that offer as she had no other way to raise the required amount. The stranger

introduced her to another man who offered 5L for her kidney. Both the surgery dates were fixed

and an intended recipient was flown to the hospital from a foreign country.

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7. NEETHI, an NGO working locally, came to know about the transactions involved in human

organs, approached the High Court of Nyayasthan for a direction for proper implementation of

the statute as it has failed to prevent commercial transactions in human organs.

8. A Government Neurologist, Dr.Vasundhara Das filed a Writ Petition in the High Court of

Nyayasthan seeking an order to probe into the certification of brain stem deaths by the private

hospitals in the state. While the matter was pending before the HC of Nyayasthan, the

Government of Nyayasthan issued a Govt. order providing strict guidelines to be followed by

hospitals while certification of brain stem death is carried on.

9. Meanwhile, a famous playback singer Gautham, was diagnosed with kidney failure and was

admitted in the RLVM Hospital. He was advised for immediate kidney transplantation. His name

was also included in the list of recipients prepared by the Govt. of Nyayasthan, which would take

a minimum of 2 years before getting the matching organ for transplantation. In the hospital, he

was also approached by a stranger offering him to provide with the required organ for INR 30

Lakhs. Knowing about the real situation involved in the transplantation scenario, he approached

the High Court of Nyayasthan stating that his right to health is affected; thereby his right to life is

endangered as the state is unable to facilitate the organ transplantation surgeries. He pleaded the

High Court to issue a direction to the State to protect his right to health. He also added in his

petition that he is approaching the Court because, being a law abiding citizen, he does not want

to violate laws and procure kidney for himself on payment of money.

10. High Court of Nyayasthan decided to consider all these matters together. Meanwhile, Union

parliament amended the Transplantation Act laying down the procedure to be followed for the

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certification of brain stem death. The amendment also added another provision that the body of

the brain stem dead persons can be used by the State to harvest the transplantable organs in the

most effective way.

11. This amendment led to mixed responses in the society. On the one hand it was argued that,

by harvesting organs from the brain dead persons, the state would facilitate equitable distribution

of human organs thereby ensuring equality. It will also increase the availability of organs for

transplantation. On the other side, it was also argued that the new amendment takes away the

personal autonomy and bodily integrity of the individuals. It also hurt the religious sentiments of

various sections of the society.

12. Peoples Union for Health Rights (PUHR), an NGO working in the healthcare sector in

Ananisthan, approached the Supreme Court of Ananisthan challenging the constitutional validity

of the amendment. Supreme Court of Ananisthan took the matter in file and called for all the

cases pending before the High Court on the same subject matter.

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