Donation of organs and tissue from living man dismissed by Allahabad HC

Donation of organs and tissue from live man dismissed by Allahabad HC

Allahabad High Court denied a plea seeking directions to allow the petitioner to make Live Body organ and tissue Donation legal. His human body and all his breathing organs and tissues (Jeevit Deh Daan). 

Sanjay Yadav and Judge Jayant Banerji heard the plea of one Ranjan Srivastava who further sought directions to allow and make it legal for medical doctors/hospital/institution to conduct the required medical procedures on him for his Live Body Donation act (jeevit Deh Daan).

He requested these instructions, as specified in the plea, so that the living organ and the tissues from the petitioner’s body could be transplanted into the badly suffering poor. 

It was important to point out in his appeal that it is a constitutional right, enshrined in Article 21 of the Constitution of India, to join the operating theatre of an appropriate facility at an appropriate time and to render numerous gifts of life to people who are urgently suffering and dying.

In this context, the Court has considered the 1994 Law on transplantation of human organs and tissues, which provides for the regulation of the removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of trade in human organs and tissues, as well as in matters connected with or incidental to them.

The court observed, quoting Section 9 of the Act, that this provision lays down restrictions on the removal and transplantation of human organs and tissues, or both.

Court further added,

If we accede to the relief requested by the petitioner in the present petition, the same would be contrary to the restrictions imposed by the Act of 1994. Furthermore, it is noted from the provisions of the Act of 1994 that the detailed procedure is set out in Chapter II of the Act of 1994, which deals with the way human organs or tissues or both are removed.’

Court held while dismissing the plea,

“Since abundant arrangements have been made in the Act of 1994 in respect to storage, removal and transplantation of human organs and tissues for therapeutic purposes, we are not slanted to allow the alleviation as looked for by the candidate in this request being misinterpreted.”

Finally, the plea was failed and dismissed by the Judicial court.

Purnima Ojha
‘Law is not law if it violates the principles of eternal Justice’ very beautifully penned down by Lydia Maria Child and I strongly believe, if the law is not made for the goods of people then at least it should not violate the essence of the principle of law that is “JUSTICE”. Law is made to keep each section of society on an equal platform and being a member of the law fraternity, I will try to contribute to the welfare of society. I am Purnima and I graduated from zoology (Hons) and am currently pursuing a law degree from Lloyd law college, Greater Noida. My desire is to bring a fair and unjust environment to our society through my hard work and persistent efforts.