Madras High Court lauds law student's PIL which led to establishment of Bone Bank benefiting 197 patients

The Madras High Court recently observed that a public interest litigation (PIL) filed by a law student had helped secure the establishment of a bone bank at the Government Rajaji Hospital (GRH) in Madurai. [M. Vetri Selvan v. Union of India].

In an order passed on July 13, the Court noted that 197 patients have benefited from the bone bank since 2022. It also stressed the need for greater publicity and sensitisation about the availability of the bone bank and bone donation.

"It is seen that by establishment of the Bone Bank, which could also be attributed to the efforts taken by the writ petitioner in filing the present public interest litigation and by the efforts of his counsel to press for relief in the same, there are, as on date, 197 beneficiaries from the year 2022 onwards. However, more publicity and more sensitisation would have to be given to the general public about the availability of this feature," the Court observed.

A Division Bench of Justices CV Karthikeyan and R Sakthivel made the observations while disposing of a PIL filed by M Vetri Selvan, who was a law student when he approached the Court in 2020 seeking the establishment of a bone bank at the hospital.

The petitioner sought directions to the Union and Tamil Nadu governments to establish a bone bank at GRH in Madurai.

He also sought the appointment of necessary medical and technical staff, the constitution of an advisory board and the conduct of awareness programmes on bone donation under the Transplantation of Human Organs Act, 1994.

He argued that while a bone bank had been established in Chennai in 2005, no such facility existed in Madurai despite proposals having been sent by the hospital in 2017 and 2018. The petitioner contended that donated bones could be used in treating patients with cancer, fractures and those requiring joint replacement surgeries.

The Bench observed that although the PIL had remained pending for nearly six years, the petitioner's efforts had borne fruit.

It noted that a status report filed by the Dean of Government Rajaji Hospital showed that the bone bank had since been established and had benefited 197 patients.

According to the status report, the bone bank was established on December 16, 2021, after obtaining a licence from the Tamil Nadu government under the Transplantation of Human Organs Act, 1994.

The report further stated that the facility has since been functioning under the Department of Orthopaedics. It also stated that steps were being taken to establish a Bone Marrow Transplant facility at the hospital.

In view of the status report, the Court disposed of the PIL.

It also requested the Tamil Nadu State Legal Services Authority to examine the possibility of conducting awareness programmes through the District Legal Services Authorities on the bone bank, its benefits and the salient features of the Transplantation of Human Organs Act, 1994.

Advocate R Alagumani appeared for the petitioner.

Central Government Standing Counsel C Nandagopal represented the Union government and National Organ and Tissue Transplant Organisation (NOTTO).

State counsel S I Muthiah appeared for the State of Tamil Nadu and the other respondents.

[Read Order]