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Home / Volume 3, Issue 5 / Organ Transplantation: It’s Legality and Shortcomings Open access · CC BY-NC 4.0
Research Paper Volume 3 Issue 5 105 - 110 September 16, 2021

Organ Transplantation: It’s Legality and Shortcomings

Lead author · Corresponding
Sayani Chandra
Assistant Professor at SNIL, SOL University, India
Co-author
Ritwika Mazumdar
LLM student at KIIT University, India
Abstract

The law enacted in Indien in 1994 to simplify organ donation and transplants was named the Transplantation of Human Organ Law (THO). In general, brain death was regarded as a death type, making organ sales an offense to be punished. In addition to undertaking kidney transplantation, other solid organ transplantation such as the liver, heart, lungs and pancreas can also be started by accepting brain death. The August commissions developed a definition of a person's death point consistent with the legitimate purchase from cadavers of functioning essential organs. Some of the difficulties of the regulations on dead donors are investigated. A major supply of kidneys are living donors and legislation to safeguard them. The noble idea of altruism erodes financial incentives and other incentives to contribute, but should these be illegitimate? But the scarcity of organ remains an international problem that has to be dealt with at the highest possible level, even though medical, pharmacological and operative procedures have evolved. Medical ethics, religion and society's conduct and beliefs are included in this particular field. The organ trafficking, payments for organs and the delicate balance between the benefits to the receiver and potential damage to the donor and others are major ethical problems which demand violent action. Definition of death and especially brain death are a key problem in organ transplantation. The inherent inclination of a certain society to make organ donations is another important critical element. We shall address in the review below the several problems facing donating organs internationally, notably in Israel, and possible strategies for overcoming this problem.

Type
Research Paper
Information
International Journal of Legal Science and Innovation, Volume 3, Issue 5, Page 105 - 110
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLSI 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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