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Allahabad High Court Dismisses A Man's Plea For Allowing Live-Body Donation (Jeevit Deh Dan) Of His Body Organs And Tissues

Sparsh Upadhyay
27 Jan 2021 6:57 AM GMT
Allahabad High Court Dismisses A Mans Plea For Allowing Live-Body Donation (Jeevit Deh Dan) Of His Body Organs And Tissues
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The Allahabad High Court last week dismissed a plea seeking a direction to enable and make it lawful for the petitioner to perform Live Body Donation (Jeevit Deh Daan) of his human body and of all his living organ and tissues. The Bench of Justice Sanjay Yadav and Justice Jayant Banerji was hearing the plea of one Ranjan Srivastava who further sought a direction to enable and make...

The Allahabad High Court last week dismissed a plea seeking a direction to enable and make it lawful for the petitioner to perform Live Body Donation (Jeevit Deh Daan) of his human body and of all his living organ and tissues.

The Bench of Justice Sanjay Yadav and Justice Jayant Banerji was hearing the plea of one Ranjan Srivastava who further sought a direction to enable and make it lawful for medical doctors/hospital/institution to perform the necessary medical procedures on him for his act of Live Body Donation (Jeevit Deh Daan).

As stated in the plea, he sought these directions so that the living organ and tissues from the body of the petitioner could be transplanted into the bodies of the desperately suffering needy could be done.

Importantly, he contended in his plea that it is fundamental right enshrined under Article 21 of the Constitution of India to walk into an operation theatre of a suitable facility at a suitable time and for making multiple gifts of life to desperately suffering and dying individuals.

In this backdrop, the Court took into account the Transplantation of Human Organs and Tissues Act, 1994, which is an Act to provide for the regulation of removal, storage and transplantation of human organs and tissues for therapeutic purposes and for the prevention of commercial dealings in human organs and tissues and for matters connected therewith or incidental thereto.

Quoting Section 9 of the Act, the court observed that this provision stipulates restrictions on removal and transplantation of human organs and tissues or both.

The Court further remarked,

"If we accede to the relief sought for by the petitioner in the present writ petition, the same would contrary to the restrictions-imposed u/s 9 of the Act of 1994. It is further noticed from the provisions of the Act of 1994 that detail procedure is laid down under Chapter II of the Act of 1994 which deals with the manner for the removal of human organs or tissues or both."

Lastly, while dismissing the plea, the Court said,

"Since ample provisions have been made in the Act of 1994 as regard to removal, storage and transplantation of human organs and tissues for therapeutic purposes, we are not inclined to grant the relief as sought for by the petitioner in this petition being misconceived."

Consequently, the petition failed and was dismissed.

Case title - Ranjan Srivastava v. Union of India [Public Interest Litigation (PIL) No. - 49 of 2021]

Click Here To Download Order/Judgment

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