Author: Shereen Rodrigues
However, because there are more patients in need of transplants than there are donors, laws must be in place to prevent illicit conduct involving the sale of organ transplantation. Illegal Trading in human organs has taken on draconian proportions. The criminal market in human organs has surpassed the number of charitable donors. Organ and tissue transplantation has changed over the past 30 years from an experimental operation conducted only in highly developed countries to a therapeutic intervention performed in hospitals and clinics around the world thanks to advancements in medicine and surgery. Due to a lack of available organs, a robust global organ market has emerged, with kidneys being the most traded item. India is a rich ground for this trade because of a combination of poverty, substantial inequality, and pervasive corruption.
The country's expanding middle class, lack of a universal health insurance program, widening wealth and income gaps, and, to some extent, the use of technology all contribute to the commercialization of organs as a profitable business venture for some and a problem for others. Organ trade is a social issue in India. It has to do with taking advantage of those living in poverty by luring them in with money rewards that, on occasion, can be significant and satisfy their short-term financial demands right away. Organ donation necessitates an intrusive medical procedure with both physical and psychological consequences, unlike other comparable exploitative social circumstances.
2. ARE ORGAN TRANSPLANTS LEGAL IN INDIA?
The Transplantation of Human Organs Act (THOA), 1994 , was passed by the Parliament in 1994, and it went into effect in the states of Goa, Himachal Pradesh, and Maharashtra as well as all the Union Territories on February 4, 1995. Following that, all States followed it, with the exception of Jammu & Kashmir and Andhra Pradesh, which have their own laws governing the transplantation of human organs.
The Transplantation of Human Organs laws, which were last updated in 2014, expanding the scope of donation to include tissues for transplant.
2.1. FEATURES OF THE ACT
- It made organ donations legal in India.
- The authorization Committee must be organized at the State and Center levels and consist of a unique collection of experts.
- Only the medical professional who has registered with the authority will be given the responsibility of executing the procedure to remove the organs from the deceased's body.
- If no one in the family disagrees, the relative may consent on behalf of the deceased.
- It criminalized the sale of organs.
- Formalized the idea of brain death in India.