Legal Regime On Organ Donation And Transplantation In India: Challenges And Solutions
- IJLLR Journal
- Sep 5
- 1 min read
Raghavi Jammula, VIT-AP School of Law
ABSTRACT
India's organ donation and transplantation landscape is primarily governed by the Transplantation of Human Organs and Tissues Act (THOTA) of 1994 and its subsequent amendments. While THOTA addresses crucial aspects like brain stem death recognition and commercial trade bans, India's organ donation system faces significant challenges, including low deceased donation rates, bureaucratic hurdles, affordability issues, and cultural reservations. The current "opt-in" model, requiring explicit consent, further exacerbates organ shortages and waiting times.
To improve the system, the study proposes several recommendations inspired by international best practices. First, public awareness campaigns are essential to dispel myths and encourage organ donation. Second, investing in transplant coordinator training and hospital infrastructure is crucial for efficient operations. Third, establishing a national registry will streamline data management and ensure ethical practices. Finally, adopting digital platforms can facilitate donor registration and organ allocation.
By implementing these reforms, India can enhance the efficiency, transparency, and accessibility of its organ donation system, potentially increasing organ availability and saving countless lives.
Keywords: THOTA, Organ Donation, Organ Transplantation laws, Opt-in models.
