ORGAN TRANSPLANTATION IN INDIA, GOVERNING LAWS AND THEIR ANALYSIS
Keywords:
transplant, operation, availability, embarking.Abstract
An organ transplant is a surgical operation where a failing or damaged organ in the human body is removed or replaced with a new one. Developing and developed countries have forged various policies to try to increase the safety and availability of organ transplants to their citizens. Indian Government enacted Transplantation of human organ Act, 1994 for regulating the process of organ transplantation. It is a very good mechanism indeed in relation to the needy patients, but the corrupt practices which have been witnessed among the various units of medical profession compel us to think twice before embarking on the technique of organ transplantation. The present work has been carried out using the analytic technique to analyze the fulfillment of objectives of THOA 1994 and its implementation. The Act has all the features for curbing the illegal commerce of organ trade, protecting and saving lives of the patients by helping them in transplantation process but the law is not well understood by common people and misinterpreted by even the intellectuals. The general awareness is to be spread and process to be made simpler for the genuine and needy patients.
References
•Bandyopadhyay, Siddhartha: Transplantation of Human Organs Act, 1994: A critique. Allied, New Delhi. (1997)
•Clint Johnson, Walter E. Block Article Human Organ Transplantation: Economic and Legal Issues
•Dash S C : The Constitutional law of India, ed I ,Allahabad, Chaitanya Publishing House, 1960
•Gazette -Transplantation of Human Organs Rules. 1995. (GSR NO. 51(E), dt 4-2-1995) [As amended vide GSR 571(E), dt31-7-2008] [cited 2008 Jul] Available from: http://wwwmedindianet/indian_health_act/The-Transplantation-of-Human-Organ-Rules-1995- Definitions.htm.
•Gian Prakash Comptroller and Auditor General of India, New Delhi & Anr. v. K.S. Jagannathan & Anr., (1986) 2 SCC 679, para 20.
•Government org India: Transplantation of human organ Act Central Act 42 of 1994 [cited 2007 Mar 9].Available from: http://www.medindia.net/ tho/thobill.asp
•http://www.ahc.umn.edu/img/assets/26104
•http://www.wpro.who.int/health_technology/documents
•Indian Kanoon - http://indiankanoon.org/doc/ 122216077
•Indian Kanoon - http://indiankanoon.org/doc/115328333
•Indian Kanoon- http://indiankanoon.org/doc/40052405.
•Karnataka's unabating kidney trade, Frontline. 2002; 19:07.
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