Section 6 of The Transplantation of Human Organs and Tissues Act, 1994
6. Authority for removal of 1[human organs or tissues or both] from bodies sent for post-mortem examination for medico-legal or pathological purposes.-- Where the body of a person has been sent for post-mortem examination--
- (a)for medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause; or
- (b)for pathological purposes, the person competent under this Act to give authority for the removal of any 2[human organ or tissue or both] from such dead body may, if he has reason to believe that such 2[human organ or tissue or both] will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal, for therapeutic purposes, of that 2[human organ or tissue or both] of the deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection to any of his 3[human organs or tissues or both] being used, for therapeutic purposes after his death or, where he had granted an authority for the use of any of his 3[human organs or tissues or both] for therapeutic purposes, after his death, such authority had not been revoked by him before his death.
Summary
- This section applies to bodies sent for a post-mortem (autopsy) for legal or medical reasons.
- This includes deaths caused by accidents or other unnatural causes.
- The person allowed to give permission can authorize organ removal if the organs aren't needed for the autopsy.
- The organs or tissues must be used only for medical treatment (therapeutic purposes).
- Removal is forbidden if the deceased person had expressed an objection before death.
- If the deceased had previously given permission but then changed their mind, removal is not allowed.
Practical examples
FAQ
1. What does "medico-legal" mean in this section?
It refers to cases where an autopsy is required by law, such as deaths from accidents or unnatural causes.
2. Can organs be taken if they are needed to prove the cause of death?
No, the authorized person must believe the organs will not be required for the purpose of the post-mortem.
3. What if the person said "no" to donation while they were alive?
If the deceased person expressed any objection before their death, the organs cannot be removed.
4. Is this only for accidents?
No, it also covers bodies sent for pathological purposes, which means studying the nature of a disease.
Test yourself
Q1.Under Section 6 of The Transplantation of Human Organs and Tissues Act, 1994, what condition must be met regarding the post-mortem examination before organs can be removed?
Q2.According to Section 6 of The Transplantation of Human Organs and Tissues Act, 1994, what must the competent person be satisfied of before authorizing removal?
Q3.Under Section 6 of The Transplantation of Human Organs and Tissues Act, 1994, which types of post-mortem examinations are covered?
Q4.Under Section 6 of The Transplantation of Human Organs and Tissues Act, 1994, what is the status of a donor's authority if they revoked it before death?