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Judgment Search Results Home  Phrase:transplantation of human organs act 1994

Mar 31 2005

Kuldeep Singh and Anr. Vs. State of Tamil Nadu and Ors.

  • Decided on : 31-Mar-2005

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

... 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 ... 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 be transplanted into a ... enactment of the Act and a few provisions of the Act need to be noted.7. The Act was promulgated to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto.8. The Act has come into ... Act and the Rules, the application for approval may be rejected for reasons to be recorded in writing. Section 11 prohibits removal or transplantation of human organs for any purpose other than therapeutic purposes. Chapter VI deals with 'Offences and Penalties'. Section 18 provides for removal of human organ without authority. Section 19 provides for punishment for commercial dealings in human organs ...

Aug 13 2008

Hitesh Kishorechand Raithatha and Ors. Vs. State of Maharashtra and An ...

  • Decided on : 13-Aug-2008

Court : Mumbai

Reported in : 2009CriLJ439

... removal of human organ may be punishable under Section 18 in case it is so done for purpose of transplantation and that too without authority. The provisions contained in the Transplantation of Human Organs Act, 1994, basically are aimed at arresting the evil of trading in human organs for transplantation. The Preamble thereof declares the aims and objects of the Act. There ... the Transplantation of Human Organs Act, 1994. He would submit that Sub-clause (1) of Section 18 is in two (2) parts, one related to removal of human organ for the purpose of transplantation and other pertaining to removal of human organ without authority. The relevant provision may be reproduced for ready reference as follows.18. Punishment for removal of human organ ... Human Organs Act, 1994, basically are aimed at arresting the evil of trading in human organs for transplantation. The Preamble thereof declares the aims and objects of the Act. There is no need of mincing words to ferret out correct meaning of the expressions used in Section 18(1) if the same is considered conjointly with the aims and objects of the Act. It follows, therefore, that removal of human organ ... 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 under Section 18 of the Transplantation of Human Organs Act, 1994 and under Section 328 read with Section ...

Sep 06 2004

Balbir Singh Vs. The Authorisation Committee and Ors.

  • Decided on : 06-Sep-2004

Court : Delhi

Reported in : AIR2004Delhi413

... human organs. With a sizable population living below poverty line, the danger of exploitation by sale of organs due to compelling 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 ... 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 provided under the Act there have been cases, particularly in kidney transplant ... 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 organs from living as well as deceased persons and to transplant such organs to save lives of suffering human ...

Jan 12 2010

Manoranjan Rout and Anr. Vs. State of Orissa and Ors.

  • Decided on : 12-Jan-2010

Court : Orissa

Reported in : 109(2010)CLT225

... human organ is, or is proposed to be, transplanted;8. Transplantation of by the regulated human organs is Transplantation of Human Organs Act, 1994. The said Act provides for removal of human organs & also imposed on restriction removal & has transplantation of human organs. For better appreciation, Sections 3 & 9 of the Act are extracted below:3. Authority for removal of human organs ... transplanted;8. Transplantation of by the regulated human organs is Transplantation of Human Organs Act, 1994. The said Act provides for removal of human organs & also imposed on restriction removal & has transplantation of human organs. For better appreciation, Sections 3 & 9 of the Act are extracted below:3. Authority for removal of human organs.-(1) Any donor, may, in such manner & subject to such conditions as may be prescribed, authorize the removal, before his death, of any human organ ... human organs for therapeutic purposes under Sub-section (1) or Sub-section (2) of Section 3;(g) to (1)xxx xxx xxx(m) 'recipient' means a person into whom any human organ is, or is proposed to be, transplanted;8. Transplantation of by the regulated human organs is Transplantation of Human Organs Act, 1994. The said Act provides for removal of human organs & also imposed on restriction removal & has transplantation of human organs ...

Aug 07 2008

Mukesh Gandhi Vs. Deputy Secretary (Health) Medical Education and Rese ...

  • Decided on : 07-Aug-2008

Court : Gujarat

Reported in : AIR2009Guj7

... Transplantation of Human Organs Act, 1994 (hereinafter referred to as the Act) read with the Transplantation of Human Organs Rules, 1995 are considered, it appears that s per the Scheme of the Act for therapeutic purpose removal of human organ and transplantation of such organ is made permissible. Section 2(c) refers for the Committee, which is to be constituted under Section 9(4) of the Act ... transplantation of liver. Therefore, even otherwise also the permission could not be granted for harvesting of the liver by Sterling Hospital. Therefore, it was submitted that the decision is rightly taken by the authority of rejecting the application.7. If the provisions of the Transplantation of Human Organs Act, 1994 (hereinafter referred to as the Act) read with the Transplantation of Human Organs ... human organ may be removed and may be preserved to ensure viability for the purpose of transplantation. Therefore, removal of a human organ and the preservation thereof for the purpose of transplantation is one of the situations conceived under the Act. Therefore, it is not necessary that the moment human organ is removed, it is immediately transplanted into the body of the recipient. In a given case the organ ...

Sep 27 2012

Vijaykumar Hariram Sahu and Another Vs. The State of Maharashtra and O ...

  • Decided on : 27-Sep-2012

Court : Mumbai

... every month. The donee resides at Bhopal. 8. The Transplantation of Human Organs and Tissues Act, 1994 is an Act "to provide for the regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith." The ... Human Organs and Tissues Act, 1994 is an Act "to provide for the regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith." The Statement of Objects and Reasons accompanying the Bill in Parliament notes that there was a need for a comprehensive legislation for regulating the removal of organs ... Transplantation of Human Organs and Tissues Act, 1994 (`the Act') and an order passed in appeal by the Appellate Authority of the State Government. 4. The Second Petitioner is stated to be suffering from end stage renal disease and is being treated at Jaslok Hospital, Mumbai. The Second Petitioner was advised renal transplantation ... the Act is to prohibit commercial dealings in the transplantation of human organs and tissues. Parliament was cognizant of the fact that unless the process was regulated, human beings in our society which suffers from poverty, illiteracy and ignorance, could be subjected to exploitation for the purposes of transplantation. Where the proposed transplantation ...

Jul 24 2014

MRS.N.RATNAKUMARI Vs. STATE OF ODISHA & OTHERS

  • Decided on : 24-Jul-2014

Court : Orissa

... of application under Section 48/57/80/81/41 and 41(A) of Cr.P.C. and Section 13,18,19,22 and 23 of Transplantation of Human Organs Act, 1994; __________ Mrs. N. Ratnakumari Petitioner Versus State of Odisha & others For Appellant Opp. Parties : M/s. J.Das (Senior Advocate), Satyabrata Pradhan, G. Sahoo, S. ... when basing on the voter identity card, residential certificate produced before the authorities of the hospital, kidney transplantation operation was carried out in accordance with Andhra Pradesh Transplantation of Human Organs Act, 1995 (hereinafter 1995 A.P. TOHO Act .) without any ill intention rather to save the life of the patient, her husband has been unnecessarily ... transplanting human organ or tissue or both: Provided that the Authorisation Committee shall No.approve such removal or transplantation if the recipient is a foreign national and the doNo.is an Indian national unless they are near relatives. (1B) No human organs or tissues or both shall be removed from the body of a miNo.before his death for the purpose of transplantation ... 1994 TOHO Act was enacted to provide for the regulation of removal, storage or transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith or incidental thereto. There has been certain amendment to the said Act by virtue of Transplantation of Human Organs (Amendment) Act, 2011 (16 of 2011). Section 1(3) of 1994 TOHO Act ...

Nov 12 1996

Nagendra Mohan Patnaik and Ors. Vs. The Government of A.P. rep. by its ...

  • Decided on : 12-Nov-1996

Court : Andhra Pradesh

Reported in : 1997(1)ALT504

... Act 42 of 1994, stating the objects and reasons as follows:'Keeping in view the considerable advancement in Medical Sciences in recent times and the worldwide practice of transplantation of human organs, the Government of India have enacted the Transplantation of Human Organs Act, 1994. On the same lines, in the State of Andhra Pradesh, Governor has promulgated the Andhra Pradesh Transplantation of Human Organs Ordinance, 1994 (Andhra Pradesh Ordinance 18 of 1994 ... 1994, stating the objects and reasons as follows:'Keeping in view the considerable advancement in Medical Sciences in recent times and the worldwide practice of transplantation of human organs, the Government of India have enacted the Transplantation of Human Organs Act, 1994. On the same lines, in the State of Andhra Pradesh, Governor has promulgated the Andhra Pradesh Transplantation of Human Organs Ordinance, 1994 (Andhra Pradesh Ordinance 18 of 1994) on the 8th September, 1994 ... Act i.e. The Transplantation of Human Organs Act, 1994 (Act 42 of 1994). We have already noticed that the Central Act No. 42 of 1994 is made by the Parliament by consent of the legislatures of the States of Goa, Himachal Pradesh and Maharashtra. The Central Act is extended to Union Territories as the Parliament is competent to make laws in respect of Union Territories. The Central Act ...

May 15 2012

Parveen Begum and Another Vs. Appellate Authority and Another

  • Decided on : 15-May-2012

Court : Delhi

... Act, 1994 itself permits not only the doners from within the family but also permits non-relative doners. We are of the considered view that the TOHO Act, 1994 should not be interpreted in a manner which effectively amounts to prohibiting transplantation of human organs. In conclusion, we may state that the TOHO Act, 1994 is enacted by the Parliament for regulating transplantation of human organs and only prohibits commercial dealings in human organs ... transplant of kidney from petitioner No. 2 to petitioner No. 1. 2. The respondents in the present writ petition are the Appellate Authority, namely the Director General of Health Services constituted under Section 17 of the Transplantation of Human Organ and Tissues Act, 1994 (the Act), the Authorisation Committee for Human Organ Transplant, Sir Ganga Ram Hospital, constituted under Rule 6A 2(ii) of the Transplantation of Human Organs ... human organ is prohibited, yet bona fide applicants may not be viewed in a suspicious manner since the TOHO Act, 1994 itself permits not only the doners from within the family but also permits non-relative doners. We are of the considered view that the TOHO Act, 1994 should not be interpreted in a manner which effectively amounts to prohibiting transplantation of human organs ...

Nov 21 1997

K. Uma Mahesh Vs. The State of Tamil Nadu, rep. by its Secretary to Go ...

  • Decided on : 21-Nov-1997

Court : Chennai

Reported in : AIR1998Mad283; 1998(1)CTC16; (1998)IMLJ381

... for anatomical dissection as well as several organs of the body in order to transplant the same for deserving needy persons. It is also seen, in pursuance of the earlier direction by this Court, the Government of Tamil Nadu have taken necessary steps to amend the Tamil NaduAnatomy Act, 1951 on the lines of Transplantation of Human Organs Act, 1994 and the same has been sent ... the Tamil Nadu Anatomy Act, 1951. A draft bill has been prepared on the lines of the Transplantation of Human Organs Act, 1994 and sent to the Government of India for concurrence by the Health and Family Welfare Department, dated 5.2.1996 and orders are still awaited from the Government of India. It is also contended that after the Act is amended suitably, the ... individual cases. It is contended that with regard to the donation of humanorgans of the body for medical relief including transplant of vital organs todeserving doners, it is to be pointed out that the above wilt be considered onlybased on the Human Organs Transplantation Act, 1994, passed by the TamilNadu Legislative Assembly for implementation in Tamil Nadu with effect from5.5.1995. With these ... is brought without losing much time after death.15. As far as transplantation of vital organs, there is a rule called Transplantation of Human Organs Rules, 1995. In such a situation, on the basis of the provisions of the said Rules there may not be any difficulty in accepting the vital organs of the petitioner. No doubt, the petitioner has to fulfil and ...

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