Issues and Challenges of Organ Transplantation in India: A Scrutiny
Government Law College, Vanchiyoor.P.O, Thiruvananthapuram, India
Volume I, Issue V, 2018
As civilization progressed, man started fighting against various diseases both internal and external. Along with earlier herbal or natural medicines, man searched for inventing more preventive and curative medicines. Development in science and technology has brought in more and more advancements in the field of medicine and treatment. The transplantation of human organs can be considered as one of the wonders of medical science. Initially organs were transferred from deceased persons, but gradually it became possible to donate organs from living beings. There started issues of organ trade, organ selling, commercialization of organs etc. The issues of medical professionals being engaged in these practices, the unethical practices of hospitals etc. started getting public attention. The Government of India enacted Transplantation of Human Organs Act 1994 for regulating organ transplantations in India. The Act was amended in 2011 and the rules came into force in 2014. Most of the state governments also issued orders regulating various aspects of organs transplantations in accordance with the legislations. The Constitution of India guarantees right to life under Art. 21 and the Supreme Court and various High Courts have held in many cases that Art 21 also includes righ to health. This article examines the various facets of organ transplantation in India, the reasons of organ trade, legislations for preventing organ selling etc.