Scope For Consideration Of Human Blood – As An Extension To Organs - As Private Property: An Analysis On The Legal Applicability, Merits And Feasibility

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Pranav Kumar G S, St. Joseph’s College of Law

ABSTRACT

This paper examines the paradigm shift regarding the legal status of human blood, questioning whether it should transcend its current characterization as a mere public resource or res nullius and be legally recognized as private property. Traditionally governed by altruistic frameworks to prevent exploitation, the current legal architecture creates an economic paradox: while donors are legally prohibited from receiving compensation under a strict non-commercialization regime, healthcare institutions and blood banks routinely monetize blood products through processing, storage, and cross- matching fees, which often escalate significantly for rarer blood types. This study investigates this asymmetry by examining foundational jurisprudence, including the doctrine of "no property in a corpse" and its evolution through Doodeward v. Spence, alongside contemporary bio-property landmarks such as the American case of Moore v. Regents of the University of California. Within the Indian context, the paper analyzes the regulatory constraints imposed by the Transplantation of Human Organs and Tissues Act (THOTA), 1994, and the Drugs and Cosmetics Act, 1940, while exploring constitutional dimensions under Articles 21, 23, and 300A of the Constitution of India. Comparing these frameworks with international approaches, this paper evaluates the judicial precedents governing bodily autonomy and commercialization. It highlights the systemic problems of the current regime—including black-market exploitation and pricing disparities—and advocates for a hybrid "regulated property" model that guarantees equitable donor recognition, fair compensation, and strict price caps to ensure distributive justice in healthcare delivery.

Keywords: res nullius, private property, autonomy, commercialization, Ownership, Right to life & Liberty, Morality, Exploitation.

437. SCOPE FOR CONSIDERATION OF HUMAN BLOOD – AS AN EXTENSION TO ORGANS - AS PRIVATE PROPE

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