Legal Framework, Issues and Challenges of Living Organ Donation in India

Abstract

This paper gives insights living organ donation practices in India in context of the Transplantation of Human Organs Act (THOA) 1994 and its amended version -Transplantation of Human Organs (THO) amendment Act -2011.The paper classifies Known Living into and other than near and Unknown Living Donors as altruistic, quasi-altruistic and non- altruistic organ donors and discusses their nuances and subtleties. The paper delves multiple roles of Competent Authority and Authorization Committees in ensuring that no commercial consideration, pressures and coercion is involved in living organ donation and transplantation. The role of Appropriate Authority in issuing licenses to retrieval and transplant hospital is briefly described. This paper deliberates upon some issues like infrastructural and manpower limitations for live organ donations in Government sector; non-availability of comprehensive data on risk assessment for living donors, gender bias, role of the Authorization Committees, misuse of modern technology by unscrupulous elements which leads to over- cautious approach by the health system, lack of concern for futuristic health problems of the donors , exorbitant costs of transplant as well as post- transplant and lack of focus on living organ donation. Motivating all Indian States to adopt Transplantation of Human Organs (THO) amendment Act-2011 and Transplantation of Human Organs and Tissue (THOT) Rules 2014 that has extended the list of near relatives and permitted swap transplants, registering more people for running swap and domino chains, preventing private hospitals from ensnaring patients and relatives, and focusing on living donation as well are some of the challenges that are briefly explained in this paper. This paper shows the way ahead in addressing these issues and meeting the challenges. It also describes the important role played by National Organ Transplant Programme (NOTP) and