Human organ transplantation has been recognized as one of the most effective medical advances of the century as it ensures the gift of life to patients with terminal failure of vital organs. However, for its success, it requires the participation of other fellow human beings and society. The increasing incidence of vital organ failure and the inadequate supply of organs, especially from cadavers, have created a wide gap between organ supply and organ demand, which has resulted in very long waiting times to receive an organ as well as an increasing number of deaths while waiting. These events have raised many ethical, moral and societal issues regarding supply and the methods of organ allocation. The legislation called the Transplantation of Human Organ Act (THOA) was passed in India in 1994 to streamline organ donation and transplantation activities. Despite the enactment of THOA, organ commerce and scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed, and more often than not, its provisions have been abused. Hence, clarity in such legislation is very much needed to put an end to commercial exploitation of organs.

Organ transplantation is the moving of an organ from one body to another or from a donor site to another location on the patient’s own body for the purpose of replacing the recipient’s damaged or absent organ. The emerging field of regenerative medicine is allowing scientists and engineers to create organs to be re-grown from the patient’s own cells (stem cells, or cells extracted from the failing organs). Organs and/or tissues that are transplanted within the same person’s body are called auto grafts. Transplants that are recently performed between two subjects of the same species are called allograft. Allograft can either be from a living or cadaveric source.

Organs that can be transplanted are the heart, kidneys, liver, lungs, pancreas, intestine, and thymus. Tissues include bones, tendons (both referred to as musculoskeletal grafts), cornea, skin, heart valves, nerves and veins. Worldwide, the kidneys are the most commonly transplanted organs, followed by the liver and then the heart. Cornea and musculoskeletal grafts are the most commonly transplanted tissues; these outnumber organ transplants by more than tenfold.

Law Review Journal, Inhuman Business, Transplantation of Human Organ Act (THOA), Legislation, Ethical Issues, National Accreditation Board for Laboratories (NABL), Human Law, Human Organ Transplantation, Legal Position.