Transplantation of Human Organs and Tissues Act Archives

‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case

“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”

Case Briefs High Courts

Rajasthan High Court refuses to quash FIR against two Doctors involved in illegal kidney transplantation racket

“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.”

Case Briefs High Courts

Can Hospitals refuse to perform transplants from non-related organ donors? Madras High Court answers

“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.”

Case Briefs High Courts

Gujarat HC declares provisions of G-DOT Guidelines mandating a domicile certificate for registration as recipient on the State list for cadaveric transplant of an organ, as illegal and unconstitutional

“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”

Case Briefs High Courts

Kerala HC prohibits publications seeking kidney donations even if they do not establish any commercial arrangement

Kerala High Court: A Single Judge Bench comprising of K. Vinod Chandran, J. heard a batch of writ petitions dealing with permission