Kerala High Court Dismisses PIL Challenging Brain Death Certification

The Kerala High Court dismissed a PIL challenging the validity of "brain death" certification and the constitutionality of Sections 2(d) and 2(e) of the Transplantation of Human Organs Act, 1994 which deals with what a brain death entails.

The petitioner raised alleged malpractices by hospitals in declaring patients brain dead and it violates the right to life under Article 21. 

The bench observed that Parliament was the sole authority to define medical and legal standards for 'brain death' and held that courts could not review the legislative intent on such matters.

However, the court found no merit in the petition and upheld the existing legal framework for certifying brain death.