Kidney Transplantation in India: Hopes and Despairs A scientific study of Ethics, Commerce and Law

Kidney transplantation has come as a boon (hope) to large number of patients suffering from End Stage Kidney Disease (ESKD), all over the world. This boon has however a curse (despair) in it, in the form of an ugly organ trade; resorted to by middlemen operating in secrecy, exploiting donors and patient alike, giving rise to intense humanitarian, ethical and legal dilemmas. WHO is considering this as in human resolved to ban this trade. The Government of India enacted the “Transplantation of Human Organs Act” (THOA), 1994 and amended from time to time to prevent commercial dealings in human organs. Recent Amendment has been done in the year 2011 with a view that enhanced punishment may act as deterrent effect in preventing commercial dealing in human organ trade.

This paper deals with study of various loopholes in the current law on organ transplantation in India, reasons for commercial dealings and suggestions for their prevention.