Section 4 of The Transplantation of Human Organs and Tissues Act, 1994
4. Removal of 2[human organs or tissues or both] not to be authorised in certain cases.--(1) No facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under sub-section (3) of that section for the removal of any 1[human organ or tissue or both] from the body of a deceased person, if the person required to grant such facilities, or empowered to give such authority, has reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force.
- (2)No authority for the removal of any 1[human organ or tissue or both] from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal.
Summary
- This section stops organ removal if a legal inquiry called an inquest is needed to find the cause of death.
- It applies even if a donor gave written permission under Section 3 before they died.
- It also applies when a person in possession of the body wants to give permission under Section 3.
- If there is any reason to believe the police or a court needs to investigate the death, no organs can be taken.
- People who are only in charge of burying or cremating the body are not allowed to give permission for organ removal.
Practical examples
FAQ
1. What is an inquest?
An inquest is a legal inquiry held by officials to determine how and why a person died, usually in cases of sudden or unexplained death.
2. Can a funeral director authorize organ donation?
No, the law specifically says that someone who is only in charge of burying or cremating a body cannot give permission.
3. Does a donor's previous written consent override a police investigation?
No, if an inquest is likely to be required, the donor's previous consent cannot be acted upon until the legal requirements are met.
Test yourself
Q1.Under Section 4 of The Transplantation of Human Organs and Tissues Act, 1994, what is the main reason organ removal would be blocked even if the donor previously consented?
Q2.According to Section 4 of The Transplantation of Human Organs and Tissues Act, 1994, who is specifically prohibited from giving authority for organ removal?
Q3.Under Section 4 of The Transplantation of Human Organs and Tissues Act, 1994, how does a pending inquest affect the authority granted by a relative under Section 3(3)?
Q4.Under Section 4 of The Transplantation of Human Organs and Tissues Act, 1994, what must a person have to justify stopping an organ removal due to a legal inquiry?