THE LEGAL FRAMEWORK GOVERNING ORGAN TRANSPLANTATION IN INDIA: AN OVERVIEW

Organ transplantation is a tremendous achievement in modern medicine, providing life-saving treatment to patients with end-stage organ failure but also posing complicated legal, ethical, and constitutional considerations. In India, the Transplantation of Human Organs Act, 1994, which was later revised to include tissues in 2011, provided a comprehensive legal framework controlling organ donation and transplantation. This article investigates the evolution and legal framework of organ transplantation in India, focusing on donor consent, brain-stem death, the prohibition of commercial organ transactions, and the institutional mechanisms established through NOTTOs, ROTTOs, SOTTOs, Authorization Committees, and Appropriate Authorities. It then examines the constitutional basis of transplantation law, including the rights to life, healthcare, privacy, dignity, physical autonomy, and informed consent guarantyd by Article 21 of the Constitution. These concepts have been bolstered by judicial decisions such as Parmanand Katara v. Union of India, Paschim Banga Khet Mazdoor Samity v. State of West Bengal, Justice K.S. Puttaswamy (Retd.) v. Union of India, and Common Cause v. Union of India. Despite significant legislative and institutional advances, issues like as organ shortages, trafficking, administrative delays, unequal healthcare infrastructure, and financial impediments continue to impede efficient implementation. The article assesses these problems critically and emphasizes the importance of increased enforcement, public awareness, technology integration, and fair access in developing a transparent, ethical, and effective transplantation system in India.