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REVIEW ARTICLE
Year : 2020  |  Volume : 16  |  Issue : 2  |  Page : 71-76

Certification of brain stem death in India: Medico-Legal perspectives


1 Department of Nephrology, Government Medical College, Thiruvananthapuram, Kerala, India
2 Department of Law, Dharmashastra National Law University, Jabalpur, Madhya Pradesh, India

Correspondence Address:
Dr. Noble Gracious
Department of Nephrology, Government Medical College, Thiruvananthapuram, Kerala
India
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Source of Support: None, Conflict of Interest: None


DOI: 10.4103/AMJM.AMJM_11_20

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At present, the determination of brain stem death for the declaration of death in India is a clinical practice followed only in the context of organ donation. It has still not evolved into a standard clinical practice in the intensive care units for determination of death. The probable explanation for this could be that, in India, the declaration of death by determination of brain stem death is mentioned only in the Transplantation of Human Organs and Tissues Act, 1994. Even after 25 years of application of this legislation and the definition of brain stem death in place, no uniform guidelines on the procedure to be followed in the determination of brain stem death have been issued either by the statute or by a national or state authority. The article tries to analyze the lacunae existing in the legal framework in relation to the certification of brain stem death in India.


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