Caveat India

Is Sale Of Kidney Legal In India?

Is Sale Of Kidney Legal In India ? No,  sale of kidneys is not legal in India. There is an act which is referred to as  Transplantation of Human Organs Act, 1994,  which  does not allow trade of organs commercially. There is an exception however in case of  organ donation for transplantation which is allowed under specific conditions in case of a relative who is dead of living decides to donate . Unethical practices in organ transplantation  are heard of very often in India however these  illegal practices are  dealt with sternly if found and violations are met with strict punishment which may include both imprisonment and fine both. Visit  the blog section of  Caveat India for more information

Law relating to Kidney sale and Organ Transplantation

The Transplantation of Human Organs Act, 1994  does not  allow the commercial trade of organs,  which includes  kidneys.

Living Organ Donation: Legality of donating living organs  is subject to regulations. Organ donation, including kidney donation, is restricted to specific family members only—parents, siblings, children, and spouses—and is also  subject to  medical and legal  criteria. Such Organ donation by means of any  commercial transactions is prohibited and illegal.

Organ Donation  from deceased: In these cases  consent from the deceased person’s family or formally recognized heir for the purpose of organ donation following death.

Transplantation Authorization Committees (TAC): These committees ensure that all moral and legal obligations are satisfied, that donations are legitimate, and that recipients are eligible.

Punishment  for violation: Violations of the act  will  result in severe repercussions, such as imprisonment and fines.

Which Laws governs organ transplantation in India?

Reference to  “Institutionalization of the Transplantation of Human Organs Act”  provides that sale of kidney  since 1994 has not been legal in India .Transplantation of Human Organs Act (THOA), 1994  an act which makes  donation and transplantation of organs more easier. The THOA Act 1994  makes the safety of the organs its  priority  and also plays a  crucial role in safeguarding  against commercial exploitation.

Objective: The primary objective of the THOA  whose primary aim is  to prohibit and restrict  the sale of human organs and to control the harvesting, transplanting, and storage of human organs for medical use.

Conclusion for Is Sale Of Kidney Legal In India?

Sale of kidney in India is illegal for commercial use , the Acts provide for certain guidelines which need to be followed for organ transplantation in india or for that matter any organ transplantation. There are news of illegal trade very often however every such report is subject to investigations and if found guilty will attract severe punishments. You may also refer to this website for any information .

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