On 21st Jan 2020, The Allahabad High Court in the case of Ranjan Srivastava v. Union of India comprising of Division Bench Justice Sanjay Yadav and Jayant Baneerjee 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
Petitioner seeks the following reliefs from the High Court:-
- Make a declaration and issue an express writ, order and direction to enable and make it lawful for the petitioner to exercise his supreme right regarding his life and body whereby he makes/performs Live Body Donation(Jeevit Deh Daan) of his human body and of all his living organ and tissues for the desperate and suffering needy by walking into an operation theater of a suitable facility at a suitable time and for making multiple gifts of life to desperately suffering and dying individuals.
- Make a declaration and issue an express writ, order and direction to enable and make it lawful for medical doctors/hospital/institution to perform the necessary medical procedures on the petitioner for his act of Live Body Donation (Jeevit Deh Daan), which will be necessary for the transplant of the living organ and tissues from the body of the petitioner into the bodies of the desperately suffering needy whereby there is an increase in the scope of the Hippocratic oath."
Fundamental Right under Article 21 of the Constitution
“Taking note of the relief sought for by the petitioner and the contentions in furtherance thereto 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. We are instantly reminded of the enactment passed by the Parliament, i.e, the Transplantation of Human Organs and Tissues Act, 1994, which received assent of the President on 8.7.1994. 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.”
Restrictions on removal and transplantation of human organs and tissues or both
Section 9 of the enactment stipulates restrictions on removal and transplantation of human organs and tissues or both.
The Court in its Judgment stated that the
“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. 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.”
Further, the Court dismisses the Petition.
Case Details
Case Title: Ranjan Srivastava v. Union of India
Case No: PUBLIC INTEREST LITIGATION (PIL) No. - 49 of 2021
Order of Date: 21.1.2021
Coram: Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J
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