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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 ...

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 ...

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 ...

Sep 14 2006

Dr. Shyam Sundar Prasad Vs. State of Bihar (now Jharkhand)

  • Decided on : 14-Sep-2006

Court : Jharkhand

Reported in : 2007(1)BLJR382; 2007CriLJ1989; [2007(1)JCR481(Jhr)]

... Human Organs Act, 1994, was pending. However, the trial court did find the appellant guilty under Section 109 of the Indian Penal Code for abating the commission of the offence under Sections 18, 19 and 20 of the Transplantation of the Human Organs Act and also under Section 201 for causing the evidence of commission of the offence under Sections 18, 19, and 20 of the Transplantation of the Human Organs Act ... Transplantation of the Human Organs Act, 1994, was pending. However, the trial court did find the appellant guilty under Section 109 of the Indian Penal Code for abating the commission of the offence under Sections 18, 19 and 20 of the Transplantation of the Human Organs Act and also under Section 201 for causing the evidence of commission of the offence under Sections 18, 19, and 20 of the Transplantation ... before the court of Judicial Magistrate, Bhilwandi under Sections 420, 406/34 of the Indian Penal Code and Sections 18, 19 and 20 of the Transplantation of the Human Organs Act, 1994 against Deepak Kumar Jaiswal, Lalia (Shyam Kumar Sharma), Qamar Alam, a nurse, named as Mery, Dr. Tabrez and also 2-3 Doctors (not named) of ... for making abatement in consequence of which offences under Sections 18, 19, and 20 of the Transplantation of the Human Organs Act has been committed, whereas no charge was framed under Sections 18, 19, and 20 of the Transplantation of the Human Organs Act either against this appellant or the other accused. Therefore, the order of conviction and sentence ...

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 ...

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 ...

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 ...

Nov 07 2012

Major Pankaj Rai (Retd.) Vs. State of Karnataka By Chief Secretary Vid ...

  • Decided on : 07-Nov-2012

Court : Karnataka

... Transplantation of Human Organs Act 1994, any Organisation desiring to perform Transplantation surgeries needs to take Permission for Transplantation from the Appropriate Authority. It is mandatory for any person or organisation to take permission for Transplantation of Human Organs from the Appropriate Authority as per chapter 6, sub-section (1), rule 18 of Transplantation of Human Organs Act, 1994 ... Transplantation of Human Organs from the Appropriate Authority as per chapter 6, sub-section (1), rule 18 of Transplantation of Human Organs Act, 1994 and any violation thereof will be punished with 5 year jail with upto Rs. 10,000/- penalty. As per reference (3) above, the Appropriate Authority for Human Organs Transplantation has accorded permission to you hospital for transplant ... Transplantation of Human Organs Act, 1994 and any violation thereof will be punished with 5 year jail with upto Rs. 10,000/- penalty. As per reference (3) above, the Appropriate Authority for Human Organs Transplantation has accorded permission to you hospital for transplant of Kidney, Liver and Homograft only. However, you have, under the provisions of the Act, performed Kidney Transplant along with transplantation ...

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 ...

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 ...

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