Abstract

MEDICO-LEGAL AND ETHICAL ASPECTS OF ORGAN TRANSPLANTATION: A COMPREHENSIVE REVIEW ON TRANSPLANTATION CRIME

Harsheedha U. V.*

Abstract

Human organ transplantation stands out as one of the most significant life-saving medical breakthroughs of the modern era. However, the widening gap between the clinical demand for organs and their available supply has created a lucrative environment for severe medico-legal vulnerabilities and transnational crime. This review article explores the multifaceted legal landscape and systemic ethical dilemmas governing transplantation. It focuses specifically on emergent crimes, including the falsification of brain stem death documentation, illegal organ trafficking, commercial exploitation, and transplant tourism. By evaluating the international framework alongside India’s progressive legislative journey from the milestone Transplantation of Human Organs Act (THOA) of 1994 to subsequent amendments this paper highlights how over-regulation can In advertently create operational bottlenecks. Finally, we propose a multi-pronged approach that integrates medical, social, and legal interventions to protect vulnerable donors while ethically expanding the organ pool.

Keywords: Organ Trafficking, Transplant Tourism, THOA (Transplantation of Human Organs Act, Commercial Exploitation, Brain Stem Death, Medico-Legal Vulnerabilities.