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What is brain death and why is Supreme Court reviewing the way it’s certified?

30 Apr 2026
2 min

Supreme Court's Consideration on Brain Death Certification

The Supreme Court of India is consulting experts from AIIMS regarding the necessity of conducting tests like electroencephalogram (EEG) and angiogram to declare an individual brain dead. This move arises from allegations of malpractices in brain death certification, particularly to facilitate organ donation.

Understanding Brain Death

Brain death or brain stem death is an irreversible state where all brain activities, including automatic functions such as breathing, cease. Despite being on life support like ventilators, these patients are clinically considered dead and are prime candidates for organ donation, including organs such as the heart and lungs, which cannot be donated by living donors.

Importance of Declaring Brain Death

  • Essential for deceased organ donation involving organs and tissues like the kidney, liver, heart, and eyes.
  • India, despite leading globally in transplant surgeries, faces low deceased organ donation rates at 0.77 per million, lagging behind countries like Thailand, China, Sri Lanka, and Japan.

Current Guidelines and Protocols

The National Organ and Tissue Transplant Organisation (NOTTO) mandates a four-member board to declare brain death, requiring confirmation at least twice with a 12-hour interval. The guidelines demand thorough checks on reversible causes, spontaneous breathing, pupil reaction to light, and other basic reflexes.

Proposed Tests: EEG and Angiogram

  • EEG: Detects electrical activity in the brain. Absence of activity indicates brain death.
  • Angiogram: Uses contrast dyes and X-rays to assess blood flow in the brain, showing no flow in brain death cases.

These tests could conclusively confirm brain death but might restrict smaller hospitals from certifying due to equipment constraints.

Challenges in Certification

  • Lack of Knowledge: Even physicians are often unaware of the certification process, leading to missed organ donation opportunities.
  • A study in Neurology India revealed that over half of the doctors involved in the process lacked training during their education. Most doctors working in teaching hospitals reported inconsistent training for resident doctors.

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Deceased Organ Donation

The donation of organs and tissues (such as kidneys, liver, heart, eyes) from an individual who has been declared brain dead. This is crucial for saving the lives of patients with organ failure.

National Organ and Tissue Transplant Organisation (NOTTO)

An apex body constituted by the Ministry of Health and Family Welfare, Government of India, responsible for developing, managing, and regulating organ and tissue transplantation services in the country.

Angiogram

A diagnostic imaging technique that uses contrast dyes and X-rays to visualize blood flow. In brain death certification, it is used to confirm the absence of blood flow to the brain.

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