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HC: Cadaver policy needed to improve availability of organs

Harish V Nair, Hindustan Times  New Delhi, October 02, 2012
First Published: 23:51 IST(2/10/2012) | Last Updated: 23:53 IST(2/10/2012)

The Delhi High Court has directed the Delhi health department and the Centre to streamline the policy of extraction of organs from cadavers to improve supply for transplantation.


The system includes extraction of vital organs from a dead body, mostly of those who die in accidents.

The court has recently seen a spate of petitions from distressed applicants and wiling applicants, mostly for liver and kidney transplantation, seeking some relaxation from the tough law laid down by the transplantation of human organs and tissues act, 1994 which mainly intends prevention of commercial exploitation.

"The court is of the view that many more lives can be saved if there is a more organised cadaver policy like that in foreign countries where assurances of donation of organs are mentioned in driving licenses. Indian transplantation laws are tough", lawyer Sumeet Pushkarna, who appeared for the centre, said.

Additional solicitor general Rajeev Mehra has been asked to file an affidavit, by October 8, stating present policy on organ harvesting from cadavers.

The order came in a petition where a 62-year-old person

suffering from liver cirrhosis wanted a liver transplant. His caretaker was ready to donate a part of his liver. But authorisation committee of the Apollo Hospital, where the petitioner was admitted, rejected the

application saying that this  could be a case of commercial exploitation.

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