One Death, One Law: Why India Needs a Uniform Declaration of Death Framework

One Death, One Law: Why India Needs a Uniform Declaration of Death Framework Death is a biological certainty, but its legal determination is a construct shaped by medicine, ethics, and law.Advances in critical care and life-support technologies have fundamentally altered how death is determined and diagnosed, particularly with the recognition, for the past 60 years, of brain-stem death as an irreversible form of biological death.In India, however, the legal framework governing the determination and declaration of death remains fragmented.Three separate legislations-the Bharatiya Nyaya Sanhita (BNS), 2023; the Registration of Births and Deaths (RBD) Act, 1969 and the Transplantation of Human Organs and Tissues Act (THOTA), 1994-operate with differing definitions and standards. [1]2][3] This lack of uniformity has created persistent ambiguity for clinicians, families, hospital administrators, and the State.India urgently requires a Uniform Declaration of Death Act (UDDA), similar to the UDDA, 1981, in the USA, to harmonise medical science with legal certainty and constitutional values. 4

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Publication Details

Journal
˜The œNational Medical Journal of India
Published
2026-04-21
DOI
https://doi.org/10.25259/nmji_191_2026
Primary Topic
Legal and cultural studies analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

One Death, One Law: Why India Needs a Uniform Declaration of Death Framework

Pallavi Kumar, Sujatha Suriyamoorthi, SUNIL SHROFF
˜The œNational Medical Journal of India
Legal and cultural studies analysis
article

One Death, One Law: Why India Needs a Uniform Declaration of Death Framework

Pallavi Kumar, Sujatha Suriyamoorthi, SUNIL SHROFF
article en

Abstract

One Death, One Law: Why India Needs a Uniform Declaration of Death Framework Death is a biological certainty, but its legal determination is a construct shaped by medicine, ethics, and law.Advances in critical care and life-support technologies have fundamentally altered how death is determined and diagnosed, particularly with the recognition, for the past 60 years, of brain-stem death as an irreversible form of biological death.In India, however, the legal framework governing the determination and declaration of death remains fragmented.Three separate legislations-the Bharatiya Nyaya Sanhita (BNS), 2023; the Registration of Births and Deaths (RBD) Act, 1969 and the Transplantation of Human Organs and Tissues Act (THOTA), 1994-operate with differing definitions and standards. [1]2][3] This lack of uniformity has created persistent ambiguity for clinicians, families, hospital administrators, and the State.India urgently requires a Uniform Declaration of Death Act (UDDA), similar to the UDDA, 1981, in the USA, to harmonise medical science with legal certainty and constitutional values. 4

˜The œNational Medical Journal of IndiaVol. 39
Openalex Percentile: Top 5%
Legal and cultural studies analysis
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