Sale and transplantation of human organs in india critical evaluation of the legal framework

Abstract

The demand for the organ transplantation far exceeds the availability of organs or donors. This leads to unfair trade and commerce in human organs. Though India has a legal framework to regulate various aspects of organ transplantation the same does not seemed to have addressed the issue either adequately or comprehensively. The supply of donated organs has been inadequate for years. Current methods of obtaining organs and tissues have not provided an adequate supply of organs for use in transplantation. Obviously, the problem of scarcity is acute newlinefor the individuals who require organ transplants.Organ Transplantation is a lifesaving method.But, still it is unclear whether existing law is adequate to curb the organ sale and regulate organ transplantation. Although the general field of transplantation is still in a state of change and growth, there have been recent developments in legislation, especially giving priority to the genuine consent of the donor. Although the majority of legislation has been written for cadaver organ donation, slowly, regulation is developing for living organ donation as well.The advantages of cadaver transplantation are obvious: the dead donor encounters no risk in the performance of the transplantation operation. At present this is the only way that a vital organ newlinecan be replaced. The donor, once pronounced dead, is not exposed to any of the hazards which face the live donor. The laws of different countries allow either the potential organ donor to consent or dissent to the donation during his life time, or his relatives to consent or dissent after newlinehis death. Due to these different legislative possibilities, the number of donations per million people varies substantially in different countries. In most countries with the dissent solutions, newlinethere is no waiting list for donations, or the list is short, while most countries with consent solutions have substantial organ shortages. newline