Court : Delhi
Reported in : AIR2004Delhi413
..... economic necessity is real in india. it was in this background that a comprehensive law for regulating the removal and transplant of human organs i.e. the transplantation of human organs act, 1994 (hereinafter referred to as the act) was enacted. it came into force on 4-2-1995. the act became applicable to the states of goa, himachal pradesh, maharashtra and to all union territories.11. notwithstanding the safeguards ..... necessitates a quick and responsive mechanism. equally relevant is to consider the functioning of the authorization committee constituted under section 3 of the transplantation of human organs act, 1994 (hereinafter referred as 'the act'). towards this end, respondents 1 and 2 were directed to file an affidavit giving the status with regard to the cases decided by the authorization committee in the last six ..... donor to the effect that they are so related and shall sign a certificate in form 4.10. the transplantation of human organs act, 1994 was enacted to meet the need of a comprehensive legislation for regulating the removal of organs from cadavers and living persons and prohibiting commercial dealings in human organs. the advances in the field medicine, science and technology has made it possible to remove .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC2106; 2005(5)ALLMR(SC)529; 2005(2)AWC1757(SC); 2005(2)CTC700; JT2005(11)SC80; 2005(2)KLT505(SC); (2005)3MLJ80(SC); (2005)11SCC122
..... ltd. at chennai for renal disorder. the hospital in question is duly approved by the authorities under, the transplantation of human organs act, 1994 (in short the 'act') read with transplantation of human organs rules, 1995 (in short the 'rules') and is permitted to undertake kidney transplantation. doctors treating petitioner no. 1 were of the view that both the kidneys of petitioner no. 1 have ..... enquiry and if after such an enquiry it is certified that the applicants have complied with the requirements of the act and the rules, it can grant the applicants approval for the removal and transplantation of the concerned human organs. if on the contrary, after enquiry and after giving an opportunity to the applicants of being heard, the authorisation ..... shall, after holding an inquiry and after satisfying itself that the, applicants have complied with all the requirements of this act and the rules made thereunder, grant to the applicants approval for the removal and transplantation of the human organ.(6) if, after the inquiry and after giving an opportunity to the applicants of being heard, the authorisation committee ..... tamil nadu and punjab are covered by the provisions of the act and the rules.9. section 9 deals with 'restriction on removal and transplantation or human organs'. the same reads as follows:'restrictions on removal and transplantation of human organs -(1) save as otherwise provided in sub-section (3) no human organ removed from the body of a donor before his death shall .....Tag this Judgment!
Court : Mumbai
Reported in : 2009CriLJ439
..... part of the impugned charge must be pruned to the extent of one under section 328 read with section 34 of the i.p. code and section 18 of the transplantation of human organs act, 1994.12. in the result, the petition is allowed. the learned sessions judge shall delete the charges referred to above by alteration of the same and may add charge for ..... under section 18 of the transplantation of human organs act, 1994 and under section 328 read with section 34 of the i.p. code. that application was, however, not pressed into service. the learned ad hoc additional sessions judge framed ..... -sheet is filed against the petitioners for offences punishable under sections 304-a, 328, 468 read with section 34 of the i.p. code and section 18 of the transplantation of human organs act, 1994.5. there is no dispute about the fact that before framing of the charge, an application was given by the petitioners to discharge them to the extent of offence punishable ..... -66) seeking discharge. 3y the impugned order dated 29th september, 2006, their application (exh-66) for the discharge to the extent of offence punishable under section 18 of the transplantation of human organs act, 1994 and under section 328 read with section 34 of the i.p. code, came to be dismissed.2. admittedly, the petitioners are medical practitioners. it is not necessary to elaborately .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2009SC2763; 2009(57)BLJR2885; 2009CriLJ4109; (2010)1GLR300(SC); JT2009(9)SC188; RLW2009(2)SC2240; 2009(9)SCALE381; (2009)7SCC526; 2009(7)LC3135(SC)
..... -section (2) of section 167 of the code of criminal procedure, 1973 (for short 'the code') in a case where cognizance has been taken under section 22 of the transplantation of human organs act, 1994 (for short 'toho') on a complaint filed by the respondent herein is the question involved in this appeal.it arises out of a judgment and order dated 29.01.2009 ..... is most respectfully prayed that cognizance under sections 120b r/w 326, 342, 417, 465, 473, 506 and 307 ipcipcipc and section 18, 19 & 20 of transplanation of human organs act, 1994 and substantive offences thereof may kindly be taken against accused a-1 to a-9 and they may be tried as per law. it is also prayed that permission to ..... -section (2) of section 16;(iii) to enforce such standards, as may be prescribed, for hospitals engaged in the removal, storage or transplantation of any human organ;(iv) to investigate any complaint of breach of any of the provisions of this act or any of the rules made thereunder and take appropriate action;(v) to inspect hospitals periodically for examination of the quality of ..... transplantation and the follow-up medical care to persons who have undergone transplantation and persons from whom organs are removed; and(vi) to undertake such other .....Tag this Judgment!
Court : Gujarat
Reported in : (2007)2GLR1780
..... kidney to the petitioner and for that application has been preferred under section 9 of the transplantation of human organs act, 1994 (hereinafter referred to as 'the act, 1994'). it is stated by the learned counsel for the petitioner that the authorisation committee constituted under the act, 1994 has not properly appreciated this fact and has dismissed the application vide order dated 19th may, ..... for the following facts and reasons:(i) section 9 of the transplantation of human organs act, 1994, reads as under:9. restrictions on removal and transplantation of human organs - (1) save as otherwise provided in sub-section (3), no human organ removed from the body of a donor before his death shall be transplanted into a recipient unless the donor is a near relative of the ..... recipient.(2) where any donor authorises the removal of any of his human organ ..... donor and recipient of the kidney. still there are other grounds as referred to in sub-section (3) of section 9 of the act, 1994, for which approval for removal and transplantation of human organ can be given by the authorisation committee. no reasons have been given by the authorisation committee in the impugned order for the rejection of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR2005P& H172; (2005)140PLR642
..... to what motivated him to donate his kidney and why he was trying to help the family. i accordingly feel that the requirements of section 9(3) of transplantation of human organs act, 1994 are not met. the appeal is accordingly rejected.'3. a copy of order dated october 14/27, 2004 has been appended as annexure p/13 with the petition ..... recipient, approval of the authorisation committee constituted under the act is required. since the aforesaid proposed donor, jeewan sharma was not related to the petitioner, ..... kidney. however, the aforesaid transplantation of the organ was not successful and, therefore, the petitioner was medically advised to go in for a fresh transplantation of the kidney. the petitioner, found a willing donor, jeewan sharma. as per the requirement of the transplantation of human organs act, 1994 (hereinafter referred to as the act'), in case the donor of a human organ is not related to the ..... vehemently argued that as per the provisions of the act the donation of an organ by a person not related to the recipient was not prohibited. the provisions of the act were merely regulatory in nature. it was only with a view to avoid illegal and unauthorised transplantation that the aforesaid act had been enacted. learned counsel has also brought to .....Tag this Judgment!
Court : Chennai
Reported in : AIR2008Mad227
..... donor and there is no basis to show that there is any financial bonding between the petitioner and the donor.b. the reasons adduced are against the provisions of transplantation of human organs act, 1994 ('the act' for short) and the rules framed thereunder and are also in violation of the fundamental rights guaranteed under article 21 of the constitution of india.4. on behalf ..... is willing to donate his kidney are known to each other for the last two years. it can be seen that the relevant provision under the act aims at imposing certain restrictions on removal and transplantation of human organ in order to prevent any sort of irregularity in this regard. clause (6) of section 9 provides that if there is an application seeking approval ..... of transplantation, after enquiry and after giving an opportunity of personal hearing to the applicants, the authorisation committee has to examine as to whether the requirements of the act and the rules ..... two years and there. is a suspected financial bonding between them and this is the only reason as found in the impugned minutes to reject the petitioner's request for organ transplantation and the matching problem is not matter which the committee has to examine.9. i have given careful consideration to the issues and the submission made by the learned .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR953; 2005(4)KarLJ133
..... writ petitions may be stated as under:-since both the kidneys failed, the recipient and the donor jointly made an application under sub-section (5) of section 9 of the transplantation of human organs act, 1994 (in short, 'the act'). the authorisation committee, after recording their statements on 16.11.2004, rejected their application seeking grant of permission to undergo kidney ..... transplantation. this is an order passed by the authorisation committee under sub-section (6) of section 9 of the act. this is impugned in this batch of writ petitions on the ground that the impugned order is arbitrary ..... to mention that the advance of science and technology in the field of surgery it has become possible to remove organs from living as well as deceased persons and to transplant such organs to save the lives of suffering human beings. this advancement has brought evils as well. commercial dealings in human organs especially kidneys started increasing. therefore, a compressive legislation for regulating the removal of .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2005Kant74; ILR2004KAR5078; 2005(1)KarLJ60
..... doubt about the offer made by the donors to donate their kidneys to the patients of different places and belong to different communities.7. as per the provisions of transplantation of human organs act 1994, a human organ cannot be sold for extraneous considerations. considering the fact that this court is coming across donors from a particular taluk, namely, ramanagaram taluk of bangalore district, this court is ..... of the opinion that the government has to hold an enquiry in regard to the genuineness of these transactions in order to prevent sale of human organs for considerations or for other ..... orderk.l. manjunath, j.1. the first petitioner is suffering from chronic renal failure. the doctor advised her to go for a kidney transplantation. according to her, her close relatives are not in a position to donate their kidney due to non-matching of their blood group with her blood group.2. petitioner no. .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR1557
..... human beings, but to prevent commercial dealings in human organs. caste, religion region, language ..... as well. commercial dealings in human organs especially kidneys, started increasing. this situation lead to enactment of the transplantation of human organs act, 1994 (hereinafter referred to as the 'act'). section 3 of the act speaks about the authority for removal of human organs. section 9 of the act speaks about restrictions on removal and transplantation of human organs.8. the object of the act, is not to prevent transplant of organs to save the lives of suffering ..... out of love and affection has come forward to donate one kidney to the first appellant. both the appellants approached the committee to grant permission to undergo kidney transplantation as required under the transplantation of human organs act, 1994. the second respondent-committee after recording the statements of appellants and on the basis of the material on record rejected the application of the appellants vide its .....Tag this Judgment!