Transplantation of Human Organs & Tissues in India -legal perspective

With the development of science and society the law too had to advance to keep pace with the changes. The Transplantation of Human Organs and Tissues Act 1994 was one such piece of legislation meant to address the rampant commercial exploitation by selling of organs which had spread its vicious roots into India. The Act penalizes commercial dealings in human organs and allows altruistic donations subject to regulations and conditions. Over the last few years organ transplants have become common and with the increase in frequency of the number of organ transplants the demand for organs has also increased. Altruistic organ donations within the purview of the law have been unable to address the problem and unable to pool in more and more donors. The legal formalities involved in such donations among relationships which do not happen to be “near relatives” are also blamed to be time consuming. However keeping in mind the rampant commercial dealings of organs in India it makes one think that the formalities are very much viable.