Regulatory Framework and Challenges of Organ Transplantation: A Critical Analysis of the Transplantation of Human Organs and Tissues Act, 1994 in India

The Transplantation of Human Organs and Tissues Act, 1994 (THOTA) in India was enacted to regulate the transplantation of organs, prevent commercial exploitation, and promote ethical practices. This paper critically examines the provisions of THOTA, its amendments, and their effectiveness in addressing organ trafficking and promoting deceased organ donation. This paper aims to critically assess THOTA's regulatory framework, examining its provisions and amendments, enforcement challenges, and societal implications. By analyzing these factors, the study seeks to offer insights into improving THOTA's effectiveness, enhancing ethical practices, and ensuring equitable access to life-saving organ transplants in India. It discusses key provisions, including brain-stem death certification, authorization committees, and penalties for violations. Challenges such as ambiguity in 'affection or attachment' criteria and the prosecution of offenders are analyzed. The study concludes with recommendations for strengthening THOTA to meet current healthcare needs while curbing illegal organ trade.