Organ Transplantation in India and the World (Paper)

  • Aleena Elizabeth, Govt, Law College, Kozhikode
  • April 30, 2021

Content :

The human body expires when any one or more major organ of the body is of faulty function or stops altogether. Exchanging this organ for a fully functioning one can enable many to live a longer life. Hence Organ transplant becomes the solution to anyone who is at the brink of death or wishing to extend their time-period on earth, which is quite a lot of people nowadays. The number of organs and the people ready to donate falls way short from the number of people looking for organs and it is only obvious that these desperate people go looking for them in places where humanity and ethics become nonexistent. People at destitution readily give away anything for financial support are plenty and easy to find and they fall into the hands of black markets that exploit them and rob them of the important parts of their bodies. Many organ recipients are willing to pay heft sums to elongate their lifespan making even some hospitals and surgeons to commit organ theft from the unconscious bodies on their operation tables. Many of the donors are either forced to donate by their living situation or without their consent. The Transplant of Human Organs Act (THOA) of 1994 legalized the donation of organs from dead or brain-dead patients with consent. Due to some misuse of a few a section of the act made organ trade in the country possible and hence the re-examination of the act is urgent. Illegal and unethical International circles of organ trade continue to extract and provide organs to many. In this article the laws regarding organ transplant in many countries, the unethical practices that are conducted currently and the flaw of the Indian law is discussed.