TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT: AN ANALYSIS

Author- DEVIKA BALASUBRAMANIAN. K

Volume 1 Issue 3 (2021)

Organ donation is a medical process that is gaining importance these days. We frequently find that there has always been a steady increase in the number of people waiting for organ transplants. It is in such a situation that the Transplantation of Human Organs and Tissues Act of 1994 gains importance. After independence in 1947, our country has not had a proper statute for organ transplantation. Being a signatory of the International Covenant on Economic, Social and Cultural Rights (ICESCR), India was duty-bound to ensure that Article 12 (1) of the Covenant shall be enforced as well. There has been certain specialized legislation with the intent of regulating organ transplants in some states, namely in Maharashtra (Bombay Corneal Grafting Act, 1957, Maharashtra Kidney Transplantation Act, 1982), Tamil Nadu, Karnataka and even the National Capital Territory of Delhi. In spite of the fact that the matter pertaining to health is an item in the State List, this legislation was enacted by the Union Government, invoking powers granted to it under Articles 249, 250 and 252 of the Constitution of India(Article 252 came into operation since the states of Maharashtra, Himachal Pradesh and Goa requested the Union Government to initiate an Act for the purpose of regulating organ transplantation).

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