Abstract

Human organ and tissue transplantation was started in India in 1962. Initially, the organ transplant was unregulated, and organ trafficking was rampant. The act governing the transplantation was passed in 1994. This has been subsequently amended in 2011, and new rules came into force in 2014. Many of the students as well as practicing physicians are not aware of the act as it is generally not a part of the curriculum. This article highlights the important components of the act and focuses on what all physicians involved in transplant should know about the legal aspects of transplantation. Organ Transplant has been considered to be one of the greatest achievements in modern medical field. It is the transfer of tissue or organ from a person who is alive or whose life expectancy is nil to a person who is injured or ill to restore their health and functioning but this depends on the availability and people who can access it. Nowadays, they are considered not to be a procedure but a treatment. Transplantation of Human Organ and Tissues Act in the year 1994 has been introduced, but there were issues regarding the implementation of this Act, as even though the act has been enacted commercialization in human organs and illegal organ trade is taking place, this could be due to the high prevalence of poverty, illiteracy i.e. lack of knowledge to understand the law and corruption in the Country. This issue of not proper implementing of the act here in this paper is explained by doing extensive research by using tools like various research papers, with help of articles, and certain books.

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