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MOOT PROPOSITION
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
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,
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.
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
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
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.
organs, approached the High Court of Nyayasthan for a direction for proper implementation of
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
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
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
the brain stem dead persons can be used by the State to harvest the transplantable organs in the
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
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.