The Supreme Court has reserved its verdict on a petition challenging the existing procedure for declaring patients brain dead in India, bringing renewed attention to medical certification protocols, patient safety and safeguards against possible malpractice in organ transplantation.

A three-judge bench comprising Justices Vikram Nath, Sandeep Mehta and Aparesh Kumar Singh concluded hearings on November 3, 2026, on a petition filed by Dr S. Ganapathy, who challenged a June 2017 order of the Kerala High Court concerning alleged irregularities in brain death certification.

The petitioner has raised concerns that critically ill patients in hospitals may sometimes be declared brain dead without adequately meeting the clinical parameters prescribed under the law. He has also alleged that such declarations could, in certain cases, be influenced by the objective of facilitating organ retrieval for transplantation. These are allegations raised before the court and have not been established as findings of malpractice.

The Supreme Court had earlier taken the concerns seriously. On April 28, 2026, it directed the constitution of an expert committee at the All India Institute of Medical Sciences (AIIMS), New Delhi, to examine existing certification procedures and recommend appropriate protocols in light of advances in medical science.

During the latest hearing, Additional Solicitor General Aishwarya Bhati, representing the Centre, referred to the National Guidelines on Brain Stem Death Certification, 2026, and the report submitted by the AIIMS expert committee.

The petitioner also questioned the adequacy of existing clinical assessments and suggested additional investigations, including cerebral angiography and electroencephalography (EEG). While angiography evaluates blood flow in the brain, EEG measures its electrical activity. He argued that such investigations could strengthen the reliability of brain death determination.

Under India’s existing legal framework, brain stem death certification is governed by the Transplantation of Human Organs and Tissues Act, 1994, and its prescribed medical procedures. The certification process involves a designated medical board and clinical assessments to establish irreversible loss of brain stem functions.

The Supreme Court’s examination of the issue is significant for India’s organ transplantation system, where reliable certification is essential for protecting patients’ rights, maintaining public confidence and ensuring ethical organ donation practices.

The verdict, once delivered, could have implications for the country’s brain death certification framework and the safeguards expected from hospitals and medical professionals. For now, the court has reserved its decision, and no new certification requirement has been ordered through this latest hearing.

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By MedGate Bureau
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