Download This PaperTransplantation of Human Organs Act: A Critical Analysis
11 Pages Posted: 29 May 2020 Last revised: 27 Jul 2020
Date Written: January 22, 2016
Abstract
Transplantation of organs is undoubtedly one of the greatest medical breakthroughs of the 20th century and in many cases, the only way to keep someone alive. However, few Indian patients are able to benefit from it. The main reason behind this is the non-availability of organs. But somehow the organ trafficking market seems to thrive really well in India, despite the Transplantation of Human Organs Act, 1994 prohibiting it. The special legislation, for various reasons, has failed in its objective and implementation, making India a fertile ground for organ scandals. It has been universally recognised that transplantation promotes better health and consequently, is essential to lead a dignified life. Further, the World Health Organisation points out that trafficking and transplantation tourism violate human rights.
This paper makes an attempt to analyse the pitfalls in the Act, legal developments thereafter, and also look into few models adopted both globally and within the country to make human organ transplantation faster and more transparent. The author will conclude the paper with some suggestions to curb organ trafficking and ensure the right to a dignified life to the dying millions.
Keywords: Transplantation, Trafficking, Cadaver
JEL Classification: K32
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