Organ trafficking and the legal framework in India: a critical analysis of the transplantation of human organs and tissues act, 1994

Abstract

Organ trafficking, due to its subtle nature, is a less-addressed form of trafficking, among others. It has been decades that the first-ever successful organ transplantation took place. Since then, medical science has advanced in leaps and bounds to gift us another chance of life, even in cases of acute organ failures. However, this has created a huge demand for transplantable organs building an unbridgeable gap between its demand and supply, which on the other hand, has generated booming markets for the illegal sale of organs leading to organized crime of organ trafficking, especially in the developing nations. The Transplantation of Human Organs Act (THOA), 1994, was enacted to provide regulatory frameworks and prevent the commercialization of human organs in India. Although THOA, with its latest amendments and rules, is somewhat successful in curbing the menace, recent studies show that it has failed to achieve its goals largely. The authors in this paper argue that the existing laws in India dealing with organ trades and trafficking are inadequate, in comprehensive, and lags far behind compared to the advancements in medical technologies and report the findings of a systematic analysis of THOA, highlight inadequacies, and recommends relevant reforms.