Development of Transplantation of Human Organs Act in India
Keywords:
illegal, punishment, organs.Abstract
Dramatic developments in organ and tissue transplantation have allowed persons with life-threatening illnesses a chance to live. The successful transplantation of kidneys, livers, hearts, lungs, eyes, and skin has been enhanced by better surgical techniques and new drugs. Success, however, has led to an undersupply of organs for the numerous estimated patients each year who need a transplant. Laws have been enacted at the state and local level that attempt to provide a better system of organ donation and distribution and to encourage individuals to volunteer to be organ donors. In India, The Transplantation of Human Organs Act, 1994 has laid down the law that needs to be followed while conducting organ transplantation. The Transplantation of Human Organs Act provides for the regulation of the removal, storage, and transplantation of human organs for therapeutic purpose and for prevention of commercial dealings of human organs. According to the Indian law, organ sales are banned and therefore no foreigner can get a local donor. Human organ transplant laws are very strict in India and the penalty incurred for organ trade is also very high. Even then India has a flourishing, and illegal, trade in human organs. And the legislation designed to prevent it is failing. Most importantly, there is a need to spread awareness at every level. The complete failure of the law on one hand and a lack of professional ethics on the other make it essential for different and more imaginative strategies. These could include tightening the clause that allows unrelated transplantation, including members of NGOs and public organizations in the authorization committees, a greater transparency in their working, mechanisms for granting exemplary punishment to, and professional isolation of those found guilty. The battle needs to be fought at two levels. Besides law and monitoring agencies, there is a need for an ideological battle against what are essentially a human rights violation and a form of social exploitation.
References
References
How to stop organ trafficking? A Critique of the Transplantation of Human Organs Act in India. The Practical Lawyer. Eastern Book Company
Bill no. 136- C of 2009; GMGIPMRND—1150LS(S3)—12-08-2011.
Equal Opportunities Protection of Rights and Full Participation Act 1995.
Government of India. Transplantation of Human Organs Act, 1994. Central Act 42 of 1994. [cited 2007 Mar 9]. Available from: http://www.medindia.net/tho/thobill1.asp
Karnataka's unabating kidney trade, Frontline. 2002; 19:07.
Transplantation of Human Organs Rules. 1995. (GSR NO. 51(E), dt 4-2-1995)
Ministry of Law, Justice and Company Affairs(Legislative Department)New Delhi, the 28thSeptember, 2011The following Act of Parliament received the assent of the President on the 27thSeptember, 2011 The Transplantation of Human Organs (Amendment) Act, 2011No.16 OF 2011 28th September, 2011
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