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Yash Charitable Trust & Ors. v. Union of India & Ors.

Writ Petition · 2026 INSC 96Decided 30 Jan 2026
Writ Petition (Civil) No. 369 of 2022 (PIL)
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

Petitioners alleged clinics were charging large fees for unproven stem cell therapy for autism, violating clinical-trial and ICMR ethics rules, with the government having dissolved its national oversight committee in 2024.

Decision Breakdown

The Court held such therapy cannot be offered as routine paid treatment absent credible scientific evidence: doctors' "standard of care" obligation and the requirement for genuine informed consent (which needs real evidence to be valid) are both violated otherwise. It declared the 2024 dissolution of oversight invalid, urged dedicated stem-cell legislation, and ordered a transition plan so children already in therapy aren't abruptly cut off.

Lesson Learnt

A doctor offering an unproven "miracle" treatment is not protected merely by a signed consent form: real informed consent requires that solid scientific evidence actually exists.

Official source (sci.gov.in)View Judgment (PDF)

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