Published on: May 5, 2026

BRAIN DEATH CERTIFICATION

BRAIN DEATH CERTIFICATION

NEWS: The Supreme Court is hearing a plea alleging malpractices in brain death certification to facilitate ‘organ harvesting’.

Brain Death

  • Permanent cessation of all brain activity, including brain stem.
  • Loss of vital functions: breathing, consciousness, reflexes.
  • Patient survives only on ventilator support.
  • Legally recognised as death under Indian law.
  • Key source for deceased organ donation (heart, liver, lungs, etc.).

Certification Process (India)

  • Guided by National Organ and Tissue Transplant Organisation (NOTTO).
  • Certified by a 4-member medical board: Neurologist/neurosurgeon, Treating doctors

Clinical Tests:

  • Absence of brainstem reflexes
  • No breathing (Apnea test)
  • Repeat testing after 6–12 hours.
  • Must rule out reversible causes (drugs, hypothermia, metabolic issues).

Issues Highlighted

  • Alleged malpractices in declaring brain death for organ harvesting.
  • Subjectivity in apnea test → lack of uniform standards.
  • Protocol violations (e.g., lack of videography).
  • Low training levels → less than 50% doctors adequately trained.
  • Public trust deficit in organ donation system.

SC Concerns & Suggestions

Need for objective diagnostic tools:

  • EEG, cerebral angiography
  • Strengthening transparency & standardisation.
  • Ensuring strict compliance with protocols.

Significance

  • Balances medical ethics vs organ donation needs.
  • Impacts public trust in healthcare system.
  • Important for improving organ donation rates in India.
  • Raises questions on regulation, accountability, and training.