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Posthumous Autonomy And Family Authority: Re-Examining The Legal Effect Of Prior Consent To Organ Donation Under Indian Law

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Bavishya Manasa V, B.A. LL.B. (Hons.), SASTRA Deemed University, Thanjavur, Tamil Nadu, India


ABSTRACT


Organ donation after death raises a great legal question concerning who has the authority over the decision to retrieve organs from the deceased person.an individual may express their consent during their lifetime to donate organs after death but the legal problem arises in the practical process of organ retrieval where the consent of the family or the person lawfully possessing the deceased body contradicts .The Transplantation of Human Organs and Tissues Act, 1994 is the statutory framework which recognizes the prior authorization by donor for removal of organs after death ,while the regulatory framework also provides for declarations and consent involving relatives or the lawful possessor in certain circumstances .this create an important area for examining the relationship between the deceased persons prior wish and the authority exercised by family members after death so this paper adopts a doctrinal approach to examine the statutory provisions under the transplantation of human organs and tissues rules ,2014,along with relevant constitutional principles relating to dignity ,autonomy and privacy of the deceased donor it analyses situation where the deceased has expressly consented to donation ,has not expressed decisions ,or has expressly opposed donation ,and examines the legal position of the family in reach situation .this paper seeks to identify ambiguities in the existing framework and suggests possible legal clarification to ensure greater consistency between individual autonomy and the role of family members in deceased organ donation.


Keywords: organ donation, posthumous autonomy, donor consent, family authority, THOTA, Article 21, organ transplant.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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