• UGI USER
  • May 31, 2024
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MADRAS HC: ACCEPT NON-RELATED ORGAN DONOR CONSENT WITHOUT FINANCIAL EVIDENCE

Why in the news?

  • The Madras High Court ruled that consent from a non-related organ donor must be accepted unless there is evidence of financial transactions.
  • The burden of proof is shifted from the donor/recipient to the authorisation committee.
  • Donors and recipients only need to assert no commercial dealing, without having to prove the negative.
source:medium

About The Transplantation of Human Organs and Tissues Act, 1994:

  • The Transplantation of Human Organs and Tissues Act, 1994 governs organ transplantation and donation in India.
  • It covers regulations for healthcare providers, hospitals, and penalties for violations.

Key Provisions:

  • Allows transplants from deceased donors’ pools or living close relatives.
  • Scrutinizes altruistic donations from distant relatives or friends to prevent financial exchange.
  • Requires identity documents, family trees, and pictures to establish donor-recipient relationships.
About Organ donation:

  • Organ donation involves surgically removing an organ or tissue from a donor.
  • The organ or tissue is then transplanted into a recipient.
  • This process is essential when the recipient’s organ has failed or been damaged.

Associated Article:

https://universalinstitutions.com/centre-mandates-unique-ids-for-organ-donation-to-curb-malpractice/#:~:text=NOTTO%20is%20a%20national%20organisation,of%20Health%20and%20Family%20Welfare.&text=Established%20under%20the%20Transplantation%20of%20Human%20Organs%20(Amendment)%20Act%202011.

https://universalinstitutions.com/organ-donation-hindered-by-poor-brain-death-case-identification/