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Search Results Judgments > Act:Transplantation of Human Organs Act, 1994

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 ...

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 ...

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 ...

Apr 29 2008

S. Samson Vs. Authorization Committee for Implementation of Human Orga ...

  • Decided on : 29-Apr-2008

Court : Chennai

Reported in : AIR2008Mad227

... 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 ... 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 ... 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 ... will act on the basis of the records which were placed before other authorities including respondent No. 3. ABC Hospital.3. While that being the position, the petitioner has applied to the respondent seeking approval for transplantation and the respondent, in its decision dated 10-1-2008, has rejected the petitioner's request for obtaining donation of organ from ...

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 ...

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 ...

Jul 07 2009

Jeewan Kumar Raut and Anr. Vs. Central Bureau of Investigation

  • Decided on : 07-Jul-2009

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)

... (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. ... . It is most respectfully prayed that cognizance under Sections 120B r/w 326, 342, 417, 465, 473, 506 and 307 IPC 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 ... 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; ... is not in writing, direct the complainant to the proper Court.TOHO was enacted 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.Section 2(b) of TOHO defines 'appropriate authority' to mean 'the Appropriate Authority appointed under ...

Dec 30 2004

Smt. R. Shailaja and Anr. Vs. State of Karnataka, by the Secretary, De ...

  • Decided on : 30-Dec-2004

Court : Karnataka

Reported in : ILR2005KAR953; 2005(4)KarLJ133

... ) 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 ... 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 organs from cadavers and living persons and prohibiting commercial dealings in human organs, was felt. ... 19 of the Act prescribes punishment for commercial dealings in human organs. Section 22 of the Act says that no Court shall take cognizance of an offence under the Act expect as provided in the Act. According to Section 19, whoever makes or receives any payment for the supply of, or for an offer to supply, any human organ, shall be punishable ... of the organ is required from the Authorisation Committee. Such permission is required, where the Donor is not a near relative. Section 19 of the Act prescribes punishment for commercial dealings in human organs. Section 22 of the Act says that no Court shall take cognizance of an offence under the Act expect as provided in the Act. According to ...

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 ...

Jul 12 1995

B.L. Nagaraj and others Vs. Dr. Kantha and others

  • Decided on : 12-Jul-1995

Court : Karnataka

Reported in : AIR1996Kant82; ILR1995KAR2050; 1995(5)KarLJ519

... direction to the respondents 'to give clearance for the transplant operation of the 1st petitioner by transplanting one kidney of the 2nd petitioner in the Karnataka Nephrology and Transplant Institute.'2, It appears that an application was presented to the 'Authorization Committee' constituted under the Transplantation of Human Organs Act, 1994 (Act for short). The said application has been rejected by ... Transplantation of Human Organs Act, 1994 (Act for short). The said application has been rejected by the Committee on 7-7-1995 on the following grounds:--1. Donor being Miss Lalithamba not genetically related to the recipient and 2. Other near relatives were not being considered as donors by the family (paternal uncle, wife, etc.)3. Section 9 of the Act ... Act reads as hereunder:--'9. Restrictions on removal and transplantation of human organs:--(1) Save as otherwise provided in subsection (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 organs ... The Committee has to ensure that the human organ does not become an article of commerce. The main thrust of the Act is against commercial dealings in human organs.9. The Committee would take into consideration all the surrounding circumstances while considering the applications 'of the petitioners seeking permission for kidney transplantation.Let a copy of this order ...

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