Transplantation of Human Organs--Definition of 'Near Relative' Under the Act Is Not Exhaustive -- Mother-in-Law Included by Purposive Interpretation
The use of the expression "means" in a definition clause does not render the definition exhaustive where a purposive reading advances the legislative object. The definition of "near relative" under Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994 must be interpreted contextually, having regard to contemporary family structures. A mother-in-law qualifies as a "near relative" for the purpose of swap transplants under Section 9(3-A) of the Act.
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