Organ Transplantation: It’s Legality and Shortcomings

  • Sayani Chandra and Ritwika Mazumdar
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  • Sayani Chandra

    Assistant Professor at SNIL, SOL University, India

  • Ritwika Mazumdar

    LLM student at KIIT University, India

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The law enacted in Indien in 1994 to simplify organ donation and transplants was named the Transplantation of Human Organ Law (THO). In general, brain death was regarded as a death type, making organ sales an offense to be punished. In addition to undertaking kidney transplantation, other solid organ transplantation such as the liver, heart, lungs and pancreas can also be started by accepting brain death. The August commissions developed a definition of a person's death point consistent with the legitimate purchase from cadavers of functioning essential organs. Some of the difficulties of the regulations on dead donors are investigated. A major supply of kidneys are living donors and legislation to safeguard them. The noble idea of altruism erodes financial incentives and other incentives to contribute, but should these be illegitimate? But the scarcity of organ remains an international problem that has to be dealt with at the highest possible level, even though medical, pharmacological and operative procedures have evolved. Medical ethics, religion and society's conduct and beliefs are included in this particular field. The organ trafficking, payments for organs and the delicate balance between the benefits to the receiver and potential damage to the donor and others are major ethical problems which demand violent action. Definition of death and especially brain death are a key problem in organ transplantation. The inherent inclination of a certain society to make organ donations is another important critical element. We shall address in the review below the several problems facing donating organs internationally, notably in Israel, and possible strategies for overcoming this problem.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 5, Page 105 - 110


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