Journal de transplantation clinique et expérimentale

Abstrait

Legal Developments in Transplantation in India and the 2011 Amendment of THOA1994

Ramesh Vasanthi

In India, organ donation and transplantation dates back to over half a century when Udupa pioneered the kidney transplant in BHU. It continued gathering in its wake scandals and exploitation, witnessed worldwide. In countries with technical capability and health infrastructure, a major impetus is for framing laws to address organ shortage and amendments to increase organ recovery from individuals deceased by neurological or cardio-respiratory causes. The concept expanded to legitimize living donations without compromising donor's life. This necessitated the passage of Transplantation of Human Organs Act (THOA) on 8th July 1994, which mandated formulation of appropriate authorities, authorization committees, registration of transplant and retrieval centres, defining “near relatives” for living donation and curbing venal acts.