Legal framework of Organ Transplantation in India: Issues and Challenges

Abstract

One of the major medical innovation of the twentieth century was organ transplantation. The idea of organ transplantation became a life-saving procedure and a symbol of human solidarity thanks to a person's willingness to offer his or her organs. Currently, there is a huge gap between the supply and demand for organ transplants. The Transplantation of Human Organs and Tissues Rules, 2011, explicitly outline the procedures, rules, and steps that must be taken to overcome the aforementioned gap.This article examines the standards for organ transplantation, in the context of living organ donation practises in India, in the light of “The Transplantation of Human Organs Act (THOA) of 1994 as amended in 2011.” This paper discusses a number of issues, including the lack of comprehensive data on risk assessment for living donors, gender bias, the function of "Authorization Committees," misuse of technology by dishonest individuals resulting in an overly cautious approach by the health system, disregard for donors' future health issues, and exorbitant costs of transplant as a result of these issues etc. Article also focus upon the roles played by various authorities constituted under Transplantation of Human Organs (THO) Amendment Act-2011 and Transplantation of HumanOrgansandTissue(THOT)Rules2014 and the challenges faced by the donors in the cases of organ transplantation.