Abstract

The medicinal field has taken a new turn with advancement of sciences and technologies. With development in the field of science, many new practices and equipment have also been introduced in the medicinal field. One such field, that modern science has touched is the field of transplantation of human organs and tissues. It means removal of an organ from a body of person whether alive or dead and transplantation of such organ into the body of another person. The person who donates such organ is known as donor, while the person who receives such organ is known as the recipient. Donor of such organ can be a cadaver, a dead person or a brain-dead person which can also be a donor of such organs. In India, The Transplantation of Human organs and Tissues Act, 1994 regulates such organ donation. As per the Act, we follow the concept of ‘opt-in’ consent which means such organ donor has explicitly opted for organ donation after his death, but ultimately it is the decision of the family of such cadaver and of brain-dead patient. The Act, also deals with regulation, registration of hospitals as well as with Appropriate authority and prescribes offences and penalties under the Act. Though, there are some drawbacks too. ‘Right to health’ is the fundamental right of every citizen. Though, such right is not expressly mentioned in the Constitution but has been enshrined under Article 21 of the Constitution, which talks about ‘Right to life’. The scope of Article 21 is wide enough, to take under its ambit various other aspects of human life, namely ‘Right to live with dignity’ or ‘Right to have a clean environment’ etc., that deals with humanly conditions. To have organ transplantation also comes within the ambit of ‘Right to health’. There are many malpractices prevalent in India. One such malpractice, that is followed by the medical practitioner is of medical negligence or professional misconduct. Which can be curbed by following up of professional code of conduct and adherence to various other legislations. As duty of medical practitioner is the right of an individual and violation of such right may result in liability of the medical practitioner.

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