Skip to main content

Status Of Organ Donation In India

 Status Of Organ Donation In India


Organ donation in India is at an all-time low, with more than 10 lakh people waiting for corneal

transplants, 50,000 people waiting for heart transplants, and 20,000 people waiting for lung

transplants, according to the World Health Organization. In light of the fact that a single organ donor

may save up to nine lives by donating up to 25 different organs to persons in need, this is particularly

tragic. The number of people on transplant waiting lists in India is growing by the day.

According to the Transplantation of Human Organs Act (THOA) of 1994, organ donation is

permissible in India, and the concept of 'brain death,' defined as the full cessation of all brain

functions, is lawful. Despite the fact that a person cannot sustain life after being declared brain

dead, critical physiological functions can be preserved in an intensive care unit. Acutely ill individuals

are kept on artificial life support in order to keep their organs functioning properly.

It is important to distinguish brain death from coma, which is a prolonged state of unconsciousness

in which the brain continues to function without aid. If there is some movement in the brain, a

person will not be proclaimed brain dead.

In India, before organs may be harvested, a panel of four physicians - a medical administrator, an

approved specialist, a neurologist, and the doctor who is currently treating the patient - must

unanimously declare the person brain dead before the organs can be harvested. Following that, a

battery of tests is performed to determine whether or not the patient has died from brain death.

An intensive care unit (ICU) is required for the diagnosis of a brain dead donor because it has the

capacity to maintain the patient's other organ systems functioning. However, there is a scarcity of

such intensive care units, which are mostly located in big cities. These organisations are already

overworked and underfunded, and they lack a centralised command structure to guide them. In this

case, there is a dying patient on the one hand, and a patient who has already died but requires

specific care in order to effectively extract bodily organs from the corpse on the other hand. As a

result of this situation, medical professionals intuitively place a lesser priority on the brain-dead

patient's condition. Finding consent (informed consent) from one's family members can be a

challenging procedure. Some doctors may not be adequately motivated to gain such approval from

the families who will be involved in their treatment. Alternatively, patients who are not related to

each other or who are not present at the time of the diagnosis of brain death may be considered.

Despite the fact that the Act allows the medical practitioner the authority to remove organs for

donation if the corpse is not claimed by the deceased's family within 48 hours after death, the

practise is not common. If the person's family is discovered after the time limit has expired and they

object to the act, it might become a huge issue in the future. Furthermore, organ donation is not a

decision made by a single relative, and it may be necessary to persuade the entire family, resulting in

the loss of important time for the patient. Transplantation is a time-consuming and expensive

process for which the government does not provide financial assistance. According to studies, the

private sector is responsible for the most bulk of deceased contributions. Furthermore, a large

number of contributors and recipients come from private institutions. This creates an imbalance in

terms of accessibility for all people, regardless of their ability to pay, because the vast majority of

organs are now going to the rich, while the poor do not have access to the same resources.

Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more