THE LEGAL FRAMEWORK OF ORGAN TRANSPLANTATION ETHICAL SAFEGUARDS

Organ transplantation has significantly advanced modern medicine by providing life-saving treatment for patients suffering from organ failure and has become an essential component of healthcare systems worldwide.¹ However, there exists a substantial gap between the demand for organs and their availability, which has led to unethical practices such as organ trafficking and exploitation of vulnerable individuals.² In India, the primary legislation governing organ transplantation is the Transplantation of Human Organs and Tissues Act (THOTA), enacted to regulate transplantation procedures and prohibit commercial dealings in human organs.³ The Act recognizes brain death, establishes Authorization Committees, and prescribes penalties for illegal organ trade.⁴ Despite these regulatory mechanisms, illegal organ trade continues to persist, highlighting deficiencies in enforcement.⁵ Furthermore, the prohibition on commercial transactions raises significant constitutional concerns relating to personal autonomy and the right over one’s body under Article 21 of the Constitution of India.⁶ This study therefore seeks to examine whether the existing legal framework effectively balances ethical safeguards with constitutional rights to liberty and dignity.