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Category HC Judgements

3 Jan

Delhi High Court

The Delhi High Court directs the Ministry of Health to amend organ transplant rules, ensuring the timely decisions of the Authorization Committee in the live donation process on each steps.

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18 Oct

Andhra Pradesh High Court- Amaravati

Under age son allowed to donate his liver to his father | The Appropriate Authority had the power to permit persons under the age of 18 years to donate human organs in exceptional circumstances. In the present case, the Appropriate Authority has not exercised this discretionary power.

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11 Oct

Madras High Court

Refusal to perform transplants between unrelated donors would be “plainly illegal” | This Court has reasons to believe that 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.

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10 Jul

Gujarat High Court

The Gujarat Appropriate Committee granted a No Objection Certificate (NOC) for a live transplant operation involving a British sister and an Indian brother, without necessitating an NOC from the British High Commission. The action taken by the Gujarat Government exempts the need for NOCs from foreign consulates and embassies in such cases.

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26 Apr

High Court of Kerala

Order by an Appropriate Committee to reject the application for live organ donation amongst unrelated persons must be a speaking order considering all aspects of Clauses (i) to (ix) of Rule 7(3) of Rules 2014.

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24 Apr

Bombay High Court

Spouse's consent not necessary for organ donation especially when withheld for extraneous reasons: Bombay High Court

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20 Dec

High Court of Kerala

Kerala HC permits teen girl to donate portion of her liver for ailing father’s transplantation surgery.

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7 Dec

Delhi High Court

Delhi High Court directs the appearance of hospital for not adhering to strict timelines under The Transplantation of Human Organs Act (THOA), 1994.

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7 Dec

Delhi High Court

Differences in the financial status of donor and recipient in organ transplant cases not strong enough reason to establish a commercial element.

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6 Dec

High Court of Punjab & Haryana

Loss of human life is irreparable and where legislative intent is not prohibitory, Article 21 would step in and come to the aid of justice.

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