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Removal of the Body Organ

Posted by an@w on 3:53 AM in
15. Only the expert or technician who is prescribed by the Ministry of Health is authorized to remove the body organ.
16. A person who is authorized to remove the body organ has the right to remove the body organ of any of the following persons : -
(a) person who donated his body organ;
(b) unclaimed body of the deceased;
(c) the deceased person whose body organ has been donated by the surviving wife, husband, son or daughter, parent, brother, sister or one of the relatives under section 10.
17. The police surgeon shall, if requested by the person who is authorized to remove the body organ, permit the removal of the body organ of the deceased person involved in any crime. However, it shall not ,permit on the
occurrence of any of the following : -
.
(a) being a person who prior to h ~ sdeath has written s letter of having no desire to donate the body organ;
(b) in completeness of the post-mortem examination by the relevant police surgeon of the body organ to be removed;
(c) objection by the surviving wife, husband, son or daughter, parent, brother, sister or one of the relatives.
18. On being informed under section 13, the receiving unit shall arrange to remove or take away the body organ within the prescribed time.

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Donation of Body Organ

Posted by an@w on 3:51 AM in
A person who has attained the age of 18 may donate his own body organ.
10. The surviving wife, husband, son or daughter, parent, brother, sister or one of the relatives may donate the deceased's body organ if there is no objection in the family.11. The receiving unit may accept donation of the body organ in accordance with the stipulations.
12..The receiving unit on accepting the donation of the body organ shall:-register the donor's name and particulars in the body organ donors' register;
issue body organ donor card to the donor or the surviving wife, husband, son or daughter, parent, brother, sister or one of the relatives who donated the body organ.The b o d y organ donor may, by surrendering the body organ donor card inform the receiving unit to cancel the donation of the body organ.
If the receiving unit is informed unders sub-section (a), it shall cancel the name of the donor from the body organ donors' register.

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Functions and Duties of the Committee relating

Posted by an@w on 3:50 AM in
The functions and duties of the Committee are as follows :-
(a) laying down the policy for carrying out successfully the work of donation of body organ in accordance with theaims of this Law;
A member of the Committee relating to Donation of Body Organ who is
5. not a Government servant is entitled to receive remuneration prescribed by the Ministry of Health.
6.
(b) giving guidance for carrying out educative measures in order to enhance the number of body organ donors;
(c) giving guidance to be systematic in respect of quality control, procurement, storage and issuance ot body organs;
(d) in carrying out body organ transplant giving guidance for cond~lcting research and educational measures relating to the said task;
(e) carrying out measures to nurture expert and research personnel and technicians for body organ transplant;
(f) giving guidance and supervising the functions relating to donation of body organ;
(g) stipulating terms and conditions for exporting body organs to other countries and importing body organs from other countries;
(h) obtaining assistance from the government departments and organizations, international organizations, local and international non-governmental organizations, local and foreign companies, individuals and accepting donations and equipment, maintaining systematically, allocating and permitting use of them.
7. The Committee may direct the relevant Department to determine the receiving units in areas needing the same.
8. The Committee may form technical working committee as may be necessary, and determine duties and functions thereof.

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Formation of the Committee relating

Posted by an@w on 3:49 AM in
The Government:-
(a) shall form the Committee relating to Donation of Body Organ consisting of the following persons:-
(1) Minister The Ministry of Health
Chairman
(2) Representatives from the relevant Government Members developments and organizations
(3) Appropriate experts and professional personnel
(4) A person assigned responsibility by the Minister of the Ministry of Health
Members Secretary
(b) may if necessary, determine a Vice-Chairman and a Joint Secretary in the Committee.
5. not a Government servant is entitled to receive remuneration prescribed by the Ministry of Health.

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Aims

Posted by an@w on 3:48 AM in
The aims of this Law are as follows : -
(a) to enable saving the life of the person who is required to undergo body organ transplant by application of body organ transplant extensively;
(b) to cause rehabilitation of disabled persons due to disfunctioning of body organ through body organ transplant;
(c) to enable carrying out research and educational measures related to body organ transplant;
(d) to enable increasing the number of body organ donors;
(e) to cooperate and to obtain assistance from government departments and organizations, international organizations, local and international non-governmental organizations, companies and individuals in body organ transplant.

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Title and Definition

Posted by an@w on 3:49 AM in
This Law shall be called the Body Organ Donation Law.
2. The following expressions contained in this Law shall' have the meanings given hereunder :-
(a) BodyOrgan means any part of the body composed in the human body. This expression also includes the whole of the human body;
(b) Death means the condition of termination of all brain functions of a person;
(c) Body Organ Donor means a person who has authorized to remove any body organ, if there is no danger to life by removal of suc? organ. or a person who has given prior consent to remove his body organ after death;
(d) Person who is Authorized to Procure the Body Organ means a person prescribed by the Ministry of Health under this Law as the person authorized to remove body organ;
(e) Removal of the Body Organ means .removing the body organ by the person authorized in accordance with the stipulations;
(f) Receiving Unit means the unit which receives donation of the body organ;
(g) Committee means the committee relating to Donation of Body Organ, formed under section 4 of this Law.

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Religious and Customary Law

Posted by an@w on 3:42 AM
When Burma was included in India as a part of the British empire, there was a question as to whether the principle of international law in relation to Buddhist Law would apply in deciding the validity of marriages between Burmese Bud- dhists and Muslims or Hindus. The answer was beset with difficulties, as there was no provision regarding mixed marriages in section 13 of the Burma Laws Act of 1898. The courts in Burma had been frequently called upon to decide the validity of mixed marriages, especially when questions arising from divorce or succession were involved. In fact, no marriage is legally possible between a Mus- lim man and a Buddhist woman or vice versa. If there is a conversion to Islam however, a legal marriage can be contracted with any person irrespective of his or her previous religion.17 The Holy Koran permits polygamy as a legal institu- tion: a man may have up to four wives.18 During colonial rule in Burma, most Muslim men who could afford more than one wife took Burmese women as their wives, in addition to their Muslim wives. This did not raise any legal ques- tions, however Burmese wives lost all rights which they had as Burmese women, such as joint ownership of property and a preferential right to inherit. The legal questions only arose when cases of divorce were brought to the courts. The Holy Koran makes no provision for wives to divorce their husbands (a right normally reserved to husbands) except when they fear abuse.19 The Burma Laws Act of 1898, remaining in force even today, allows Islamic Law to form the rule of decision in such cases.20
In mixed marriages between Burmese Buddhist women and Hindus, Burmese women were in a worse position. Many Indians migrated to Burma and it often happened that Burmese women, not knowing anything about Hindu Law and customs, married with Hindu men and subsequently lost all the rights conferred on them by Burmese customary law.
The Sikhs in Burma were governed by Hindu Law. Although the Sikh religion is a blend of Hinduism and Islam, its basic tenets are similar to those of Hinduism (however without caste distinctions).
Section 13 of the Burma Laws Act of 1898 says nothing of the law applicable to Christians, as most of their cases were regulated by British law. According to Christian Marriage Act XV of 1872, a legal marriage between a Burmese Bud- dhist and a Christian could be contracted either by means of a Christian reli- gious ceremony or by civil contract before a Registrar. Under this Act, conver- sion was not necessary but a Buddhist could not sue a Christian for a divorce under the Indian Divorce Act.
By section 13, Burmese Customary Law became the Buddhist Law. As a result, Burmese society was divided into a number of religions as well as being geo- graphically divided by other regulations. As the society was thus divided, com- munities were strongly entrenched by religion.
This situation was known to the colonial government as well as to Burmese na- tionalists and judges. As a result, the Special Marriage Act of 1872 was amended in 1923, making intermarriage easier. This was a step forward but still not en- tirely satisfactory. Hence, a new Act came into force in 1939,21 the predecessor of the Buddhist Women’s Special Marriage and Succession Act which was drafted and passed by parliament in 1954,22 the only Special Marriage Act in Asia which protects the rights of Buddhist women. Section 21 of this Act made provisions for the registration of marriage, thereby greatly improving the posi- tion of the Buddhist woman who marries a non-Buddhist man. If a non- Buddhist man and a Buddhist woman live together in such manner as would raise the presumption that they are man and wife by Burmese custom, the Act establishes that they are lawfully married from the time they started to live to- gether, even if there is no written document or registration. In such a case, they can formalize the marriage by registration or they can live together as presumed by the Act. Either way, their marriage is governed by Burmese Customary Law.23
The Buddhist Women’s Special Marriage and Succession Act says the following with regard to conversion: If a woman who is a citizen of Burma converts to Buddhism while she is married, then the whole family comes under Burmese customary law.
While the different religions in Burma were given the freedom to settle affairs through their own laws, the accountability of any religious trust (not only of Buddhist monasteries and pagodas, but also of mosques, churches, synagogues and Hindu temples) was ensured by Section 92 of the Civil Procedure Code of 1909.24

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