The Allahabad High Court on 21st January i.e last week dismissed a plea which talks about live body donation i.e (Jeevit Deh Daan). The petitioner plea to legally allow live body donation of the human body and all his living organs and tissues.

The Petition

The plea further requested to allow doctors/hospitals/institutions to lawfully carry out the necessary medical procedure for Live Body Donation i.e Jeevit Deh Daan. The plea further states that he wants to help the extremely needy people by donating his living organs and tissues.

He also stated his rights according to 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 reply to which court stated,
Section 9 of the Transplantation of Human Organs and Tissues Act, 1994, the court observed that this provision stipulates restrictions on removal and transplantation of human organs and tissues or both.

The court lastly 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]

Reported By – Aishwarya Daftari

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