Law, Ethics, And Organ Donation In India: Bridging The Gap Between Regulation And Reality
- IJLLR Journal
- Oct 8
- 1 min read
Shefali Sharma, Ph.D. Scholar, Amity University, Noida
Prabhat Sharma, Independent Researcher, Muzaffarnagar, India
ABSTRACT
Organ donation in India has evolved from a neglected ethical issue into a pressing legal, medical, and policy concern. The transplantation regime is principally governed by the Transplantation of Human Organs and Tissues Act, 1994 (as amended in 2011), supported by the 2014 Rules and administrative guidelines. Despite these frameworks, India continues to face systemic gaps in enforcement, low cadaveric donation rates, socio-cultural resistance, and recurring scandals of organ trafficking. This paper critically examines the legal complexities of organ donation in India through a multidisciplinary lens, exploring statutory provisions, historical evolution, judicial pronouncements, and institutional mechanisms such as the National Organ and Tissue Transplant Organization. The analysis highlights structural shortcomings such as inadequate recognition of extended families in consent provisions, weak enforcement against commercial organ trade, lack of transparency in allocation, and insufficient alignment with global best practices. The study also delves into socio-cultural, ethical, and data protection challenges, underscoring the importance of trust and transparency in strengthening public confidence. Drawing on comparative international models, it recommends a shift toward a more robust, transparent, and ethically informed framework, including presumptive consent debates, stronger regulatory oversight, and enhanced data privacy safeguards. Ultimately, the paper argues that meaningful reform in India requires not only legislative amendments but also cultural engagement, institutional accountability, and proactive state support to bridge the gap between law, ethics, and medical practice.
Keywords: Organ Donation, Organ Trafficking, Legal Reforms, Medical Ethic, Ground Reality
