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When the health and life of the patient itself is rendered delicate and worrisome, any procedure for the basic requirement of registration needs to be of absolute ease and comfort.
“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”
“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”
“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”
“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”
Kerala High Court: A Single Judge Bench comprising of K. Vinod Chandran, J. heard a batch of writ petitions dealing with permission