Organ donation – Consent of donor before death and consent of relative after death – Conflict – Important issue pending adjudication before the Supreme Court
Consent for donor’s organ before and after death – Important question pending adjudication before the Supreme Court of India.
A person during his life time i.e. before his death is permitted to authorise removal of organ / tissue after death in terms of Section 3(1) of the Transplantation of Human Organs and Tissues Act, 1994.
However, Rule 5(4)(a) and (b) of the Rules, 2014, require consent of relative or person in lawful possession of the body” for removal of organ after death.
Thus, a relative may refuse consent and contrary to the wishes of the deceased given during his life time to donate organ.
Therefore, the constitutional validity of Rule 5(4)(a) and (b) of the Transplantation of Human Organs and Tissues Rules, 2014, requiring consent of “near relative or person in lawful possession of the body” for removal of a donor’s organ after death, although the deceased had earlier given valid authorisation during life time for donation of organs
