Right to life is a fundamental right under the constitution of India. Hon’ble Supreme Court while interpreting the ambit of this fundamental right held that the right to life includes the rights to a dignified life up to the point of death including a dignified procedure of death. In other words, in the opinion of the Supreme Court, fundamental right would include of a dying man to die with dignity when his is ebbing out. These observations were made by the Supreme Court while negating the theory of right to die as a fundamental right. Dignified life and dignified procedure to death are two aspect of life.

What is the dignified procedure to death? Whether keeping a man technically alive with support system or permitting to transplant various organs to give a more meaningful life which is a fundamental right within the preview of the Article 21 of the constitution of India.

India has a vast population, for meaningful life of a large number of people, organ assistance from brainstem death and cadavers may be treated as scientific innovation to build up human bondage from one life to another in the chain of the dignified process of death to dignified life just like a chemical bond.

A cadaver cannot be treated to be property of any individual in as much as the same is subject to destruction in different form depending upon various personal faith arising out various social conditions. Even the dearest and nearest one become very eager to dispose of the cadaver as the same has no worldly value to preserve. But advancement of science and scientific education brings new light to tell us that even a cadaver or a quasi cadaver (brainstem death) is worthy for some of your friends and close relatives for a definite purpose to give them a meaningful life to advance the cause of the constitutional scheme. State authorities have a definite role to play in this field to make the people aware of their fundamental right and duties as envisaged under the constitution. There cannot be any doubt that the state is responsible to take steps to protect the fundamental right.

Trade on organ of a living person is now an undeniable fact. This will definitely go on flourishing in our society where the economic growth is widely uneven. Accumulation of wealth in the hands of a few at the cost of majority of population has compelled the poorer section of the humanity to sell organs to give life to other moneyed section. Absence of any regulatory law would have made the situation tremendously worse.

Parliament was persuaded to enact “The Transplantation of Human Organ act, 1994”, to check the menace of trade on human organs. This enhancement is a step towards the fulfillment of a social obligation to implement the scientific knowledge to make life more meaningful both ways i.e., dignified living and then contribute to help others for their dignified life.

Chapter-II of the Act deals with the authority for the removal of human organs. Such authority apart from the person concern can be granted by a near relative. Near relative has been defined as spouce, son, daughter, father, mother, brother or sister. Such a definition has, in fact narrowed down the scope of authorization. This definition needs to be revised to extend the area of near relatives with the inclusion of,’ or any person with whom the person concern has been residing at the time of his death’.

I am also of the view that act should be amended to make it obligatory on the part of the authorities of the hospital, nursing houses and clinic to advise and persuade the patient party to sign a declaration about the donation of the organ, in terms of the Act, at the time of admission of the patient.

Let us not forget that under Article 51-A of the constitution, on of the fundamental duties of every citizen is to develop the scientific temper, humanism and the spirit of enquiry and reform. State and all its agencies are duty bound to protect and preserve the constitution and to take effective steps to achieve the constitutional goal.

There may be difficulties in implementing the brain death concept in the present ambience of our social conditions. But the gradual implementation of the scheme will iron out the crease in the process. It has been observed, in practice that heirs are practically interested with the death registration certificate to follow up his claim to properties, if any left behind the person since dead. These problems, however, are not genuine to stall such bigger issues of life. A person is practically organically dead with the brainstem death, the support system is basically the result of technological achievement. Medicos are the best judge to decide and declare a person dead and also advise that stage of organ transplantation to give life to other. This would really be a continuous process to live and let live.