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A lawyer filed a PIL in front of Kerala High Court seeking prohibition of organ donation even as a life-saving exercise.
The court comprised of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar, Advocate VN Mohan Raj, who appeared in person, urged that harvesting of human organs from a brain-dead person should be banned in India.
The lawyer contended that harvesting a brain dead person is prohibited by the Indian penal code as even if the person is brain dead his vital parts are still functioning, removing which would tantamount to causing grievous hurt to the brain-dead person.
The bench asked him to point out specific provision in the I.P.C., which bans on the extraction of organs from a brain-dead person, to save the life of another person. The bench dismissed the plea as he could not point out any such provision and observed, "Moreover, there is no material to suggest that he is acting in public interest and therefore the concern raised by the petitioner has to be considered as one stemming from his personal belief. That apart, the petitioner could not refer to any provisions of law, which prohibits as opposed regulate, the transplantation of human organs to save the life of another or to provide a working organ for dysfunctional one."
Organ Donation Law
There is no such law in India which prohibits Organ Donation but there are some laws which regulate the procedure of such.
The Transplantation of [Human Organs and Tissues] Act, was enacted in 1994 to regulate removal, storage, and transplantation of [human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues]. The Act, in fact, provides a saving clause which states that neither the grant of any facility or authority for the removal of any [human organ or tissue or both] from the body of a deceased person in accordance with the provisions of this Act nor the removal of any [human organ or tissue or both] from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code. The Central Government has also framed Transplantation of Human Organs and Tissues Rules, 2014.
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