Legal Compliance and Due Diligence for Acquiring Cadavers in India

Cadavers are used by Medical Colleges for academic and research purposes for imparting education, demonstration and hands on practice to the medical students. Besides this, cadaveric organs like Kidneys, heart and liver can be transplanted. Skin, cornea and bones are also used for grafting and reconstructive surgery.

All this involve use of human body therefore, it requires stringent compliance and protocols that are governed under various statutory laws. In India, competent authority can permit to use cadaver for above mentioned purposes subject to valid consent and approval in accordance with the applicable laws. The law takes care of irrational and illegal use of cadaver that are in contravention to the provisions and has penal action.

The cadavers can be acquired through voluntary donation, unclaimed body duly handed over in compliance to statutory and legal norms and may be procured through licensed cadaver supply agencies that are legally compliant.

For cadaver obtained through voluntary donation or unclaimed body does not incur fee except that it should be legally obtained whereas procuring through agencies incur cost that may vary. However, it must be noted that the cadaver body given for the purpose of cremation or interment cannot be used for any other purpose other than the purpose of performing the last rights.

In Parmanand Katar Case (1989) and Ashray Adhikar Abhiyan Case (2002), the Supreme Court reiterated that the right of deceased must be ensured and it encompasses the right to life with dignity and honour as enshrined in Article 21 of Indian Constitution. The handing over of cadaver is governed by state specific laws. In Independent India, The Anatomy Act of 1949 was framed based on Coroners Act. But every State has its own ACT that governs the manner in which cadaver can be acquired.  Therefore, there is various in ‘aims and objects and definitions across states. For the purpose of donation of Human organs, specific law has been framed and amended. Human Organ Transplantation Act. Disposal of cadaver after use should be done in accordance with Biomedical Waste (Management and Handling) Rules, 2016.

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