Transplantation of Human Organs and Tissues Act, 1994
Definitions in Section 2 of the Transplantation of Human Organs and Tissues Act, 1994
Section 2(d): Donor
• A donor is an individual who willingly donates an organ for transplantation, either during their lifetime (living donor) or after death (deceased donor).
• For a living donor, consent is crucial, and the donation is often restricted to near relatives unless approved by an Authorization Committee.
• Deceased donation typically involves consent from the family or adherence to previously expressed wishes of the deceased.
Case Law:
1. Dr. V.P. Shanta v. Union of India (2009)
o The Supreme Court emphasized that donors must provide informed
consent, meaning they should understand the risks, benefits, and
purpose of the donation.