Evolving Jurisprudence on Organ Transplantation in India: An Analytical Study of the Transplantation of Human Organs and Tissues Act
DOI:
https://doi.org/10.52609/jmlph.v6i3.287Keywords:
Organ Donation, THOTA, Medical Legislation, Bioethics, Brain Death, NOTTO, Organ Trafficking.Abstract
Background: Organ transplantation is a great advancement in modern medicine; it functions within a sensitive legal and ethical framework that seeks to balance the protection of fundamental human rights with medical needs. In India, this regulatory system is essentially founded upon the landmark legislation known as the Transplantation of Human Organs and Tissues Act (THOTA), 1994.
Aim: The aim is to critically analyze the legal development, basic provisions, and practical challenges of THOTA and its amendments, with a core focus on ethical, procedural, and regulatory perspectives.
Methods: We conducted a detailed descriptive and analytical review, scrutinizing primary sources such as THOTA, its amendments, and related rules, along with secondary literature from various legal, medical, and bioethical journals. The study examines, in depth, the structure, procedures, and practice of the law.
Results: THOTA established key milestones, such as the recognition of brain-stem death and a national allocation system. However, major gaps persist: inadequate infrastructure, low deceased-donor rates, and vulnerabilities to organ trafficking.
Conclusion: Although THOTA provides a robust legal framework, systemic limitations seriously impede its practical application. Requirements to optimize ethical and effective organ transplantation in India include better infrastructure, digital integration, public awareness, and standardization of procedures.
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