JUDGMENT

Vinod S. Bhardwaj, J. (Oral) - All advancement in science has so far not been successful to generate human organ. Mankind still relies on humans to donate human organs for saving human lives. Government has been promoting awareness in society to voluntary donate bodies and organs after death so that life goes on for others. This society led to people profiteer and indulge in organ trade which went alarming when organs of gullible people were removed without their knowledge or consent or by taking advantage of huge socio-economic disparity and exploiting people and their circumstances to indulge in trade keeping largest part for themselves and minuscule remittances for the donor. Such scandals and practices necessitated legislation to regulate organ transplantations and to prohibit commercial organ transplantation.

2. The object of the Transplantation of Human Organs and Tissues Act, 1994 is not to prohibit an organ transplant but to regulate transplant and to rule out a commercial monetary transaction. The Act intends to mitigate the hardships and to prohibit commercial