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Indian Constitution &

Fundamental rights

Protection of Life &

Personal liberty

Right to Health &

Right to medical aid

Every person's right &

Not just Indian citizen

Following are some major judgements delivered by The Supreme Court and various High Courts of India

madhyapradesh-highcourt
High Court of Madhya Pradesh
A detailed medical examination by specialist doctors was carried out on petitioner nos.1 and 2 and there was no objection from anyone for donating the...
madhyapradesh-highcourt
High Court of Madhya Pradesh
When donor and recipient are not near relatives, the Authorization Committee must follow Rule 7 (3).
gujarat-highcourt
High Court of Gujarat
High Court of Gujarat strikes down domicile certificate requirement for registration as cadaveric organ transplant recipient.
culkata
Calcutta High Court (West Bengal)
Calcutta High Court says no to West Bengal embargo on doctor for organ transplant
telangang-highcourt
High Court For The State Of Telangana
Man can donate his kidney to sister, no need for consent from estranged wife.
Delhi HIgh court
Delhi High Court
Right to organ donation is personal and inalienable; spousal consent is ultra vires to the provisions of The Transplantation of Human Organs and Tissues...
kerala
High Court of Kerala
The criminal antecedents of a donor are not criteria to be considered by the Authorization Committee.
kerala
High Court of Kerala
If there is no evidence to show that there is no commercial dealing, pragmatism should overtake technicalities because a man is on his deathbed. The decisions...
kerala
High Court of Kerala
Let the Act 1994 become a path breaker for communal harmony and the idea of secularism. Let the Hindus, Christians, Muslims, Sikhs, and even persons with...
patna-highcourt
Patna High Court (Bihar)
The Authorization Committee cannot refuse to grant approval only on the ground that there is no affection or attachment of the donor for/with the recipient...
patna-highcourt
Patna High Court (Bihar)
The Court would expect the Authorization Committee to act with empathy and compassion in matters that come to it under the provisions of the THO&T Act without...
tamilnadu-highcourt
Madras High Court (Tamil Nadu)
Hospitals must forward the patient's proposal to the Ethics Committee for transplant operation even if the donor is not related.
1 2 3 4
THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 1994
the Transplantation of Human Organs and Tissues Rules, 2014