The Allahabad High Court recently dismissed a plea seeking a direction allowing a man to donate his body and organs. The division bench of Justice Sanjay Yadav and Justice Jayant Banerji passed this order while hearing a PIL filed by one Ranjan Srivastava.
The petitioner had said that it is a fundamental right enshrined under Article 21 of the Constitution for him to walk into the operation theatre of a suitable facility at a suitable time, and make multiple gifts of life to the desperately suffering and dying individuals.
The Transplantation of Human Organs and Tissues Act, 1994, received the assent of the President on July 8, 1994. It 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.
The Court, while refusing the petition, 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.”
“If we accede to the relief sought for by the petitioner, the same would be contrary to the restrictions imposed under Section 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,”
-the order reads.