The technical quality of legislation in India is far from satisfactory.
Legislative drafting, like contract drafting or software engineering, is fundamentally a problem of constructing the correct ontologies.
When you find the correct ontology, things fall into place. When you have the wrong ontology, you will find yourself constantly creating more complex procedures. A feature of bad abstractions is that they are harder to reason with.
Section 3(1) of the Transplantation of Human Organs and Tissues Act 1994 reads:
Any donor may, in such manner and subject to such conditions as may be prescribed, authorise the removal, before his death, of any human organ or tissue or both of his body for therapeutic purposes.
But donor is defined in section 2(f) as:
any person, not less than eighteen years of age, who voluntarily authorises the removal of any of his human organs for therapeutic purposes under sub-section (1) or sub-section (2) of section 3
It is wrong for section 3(1) to say that a donor may authorise the removal of his organs when a donor is defined as any person who has authorised the removal of his organs. To be correct, section 3(1) would have to say 'any person may', instead of 'any donor may'.
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