Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1994: Section 9(3) Transplantation of Human Organs Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Transplantation of Human Organs Act, 1994: - Section 9(3)-Issuance of No-Objection Certificate for transplantation of human organ into the body of recipient not being near relative-Competent authority-Held: Authorisation Committee of the State to which donor and recipient belong to is the competent authority to issue the No-Objection Certificate, since it is in a better position to ascertain that the removal of organ is not for commercial consideration but is out of affection or attachment towards the recipient-Directions issued to the Authorisation Committees of various States to frame rules requiring the donor and the recipient to give details of their financial positions and vocations. Object and purpose of the Act-Discussed. Question arising for consideration in the present Writ Petition is whether in case of transplantation of human organ into a body of recipient not being a near relative, the Competent Authority to issue the 'No Objection Certificate' is the Authorisation Committee of the State to which the donor and recipient of the organ belong to or the Authorisation Committee of the State in which transplantation has to take place. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 174 |
Petitioner | Kuldeep Singh And Anr. |
Respondent | State Of Tamil Nadu And Ors . |
SCR | [2005] 3 S.C.R. 67 |
Judgement Date | 2005-03-31 |
Case Number | 156 |
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