A close look at ‘The Transplantation of Human Organs and Tissues Act, 1994’ (THOTA-1994)
‘Organ Transplantation Technology’ offers a gift of life to patients suffering from terminal stage of organ failure diseases. Every person who dies naturally or in an accident is a potential donor. Given the statistics of accidents in present days, there are enough human organs available to transplant. Yet, innumerable patients cannot find a generous donor. The shortage of organs for transplantation is virtually a universal phenomenon, including India. Many do not come forward for organ donation because of the lack of awareness, coupled with prevalent myths and fears. Creating awareness among the people on the importance of organ donation and motivating them is possible by providing accurate information on the issue. Here is a humble attempt to impart information on the provisions of the primary legislation, namely, “The Transplantation of Human Organs and Tissues Act, 1994” (hereafter THOTA-1994).
What is Organ Donation?
“Organ Donation” is a voluntary gift of one’s organ (includes organs and tissues) wherein the donor authorizes it to be removed legally while donor is alive or after death for the purpose of transplantation. “Transplantation” means the grafting of any human organ from any living or deceased person to some other living person for therapeutic purposes. A healthy transplantable organ may be donated to be implanted into the body of another person in order to save or greatly enhance the life of the recipient. Some human organs can be donated by living donors, such as, a kidney or part of the liver, part of the pancreas, part of the lungs or part of the intestines…
Ravi Sagar SJ*
