CA Topic

Legalities Involved in Organ Transplants

December 8, 2025 en

Brief Context

Context India’s performance in deceased organ donation remains extremely low (0.77 per million in 2023, compared to 49.38 in Spain). Nearly 5 lakh Indians die annually waiting for transplants. Organ Transplant and Donation Organ Transplantation/Donation is a surgical procedure in which an organ, tissue or a group of cells are removed from one person and surgically transplanted into another person.

Source Content

Syllabus: GS2/Health

Context

India’s performance in deceased organ donation remains extremely low (0.77 per million in 2023, compared to 49.38 in Spain). Nearly 5 lakh Indians die annually waiting for transplants.

Organ Transplant and Donation

Organ Transplantation/Donation is a surgical procedure in which an organ, tissue or a group of cells are removed from one person and surgically transplanted into another person.
- One person can save up to 8 lives by donating heart, lungs, liver, kidneys, pancreas and intestines.
In India, the organ transplantation is one of the lowest in comparison with the western nations.
- India’s organ donation rate remains under 1% relative to the population.
- India ranks third globally in organ transplantation.
In 2023, more than three lakh citizens pledged to donate organs through the National Organ and Tissue Transplant Organisation (NOTTO).
Eligibility for Organ Donation: Both living and deceased individuals can donate organs. Living donors must meet specific medical and legal criteria to ensure donor safety and ethical practices.

National Organ and Tissue Transplant Organisation (NOTTO)

– It is a National level organization set up under the Directorate General of Health Services, Ministry of Health and Family Welfare.
– Functions: It develops policy guidelines, conducts training, monitors transplant activities, maintains a national databank, and coordinates inter-regional organ allocations.

Laws and Rules Governing Organ Transplantation in India

Transplantation of Human Organs Act 1994: It is the primary legislation related to organ donation and transplantation in India and is aimed at regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs.
- Makes Brainstem Death (BSD) a legal definition of death and lays down procedures for certification.
Transplantation of Human Organs (Amendment) Act, 2011: It allows swapping of organs and widens the donor pool by including grandparents and grandchildren in the list.
Transplantation of Human Organs and Tissues Rules (THOT), 2014: It has many provisions to remove the impediments to organ donation while curbing misuse/misinterpretation of the rules.

Facts Related to Organ Donation

– 13th August is observed every year as World Organ Donation Day to raise awareness on Organ Donation.
– Indian Organ Donation Day was celebrated every year on November 27 but from 2023, the day is being celebrated on August 3 to commemorate the first successful deceased heart transplant in India on 3rd August 1994.
– NOTTO has declared July as the month of Organ donation.

Source: TH