Organ Transplant Law: Assessing compatibility with the right to health

Reports by Vidhi Aid · September 26, 2017
Author(s): Dhvani Mehta, Nivedita Saksena and Yashaswini Mittal

With instances of commercial dealings in human organs being discovered on a regular basis, it has become clear that there is a need to re-examine the law regulating organ transplants. In this report, we therefore analyse the Transplantation of Human Organs and Tissues Act, 1994, and the degree to which it has met its objectives. Using information obtained from different authorities under the Act, we assess its content and functioning against a set of ‘right to health’ indicators.
Based on this, we recommend changes to the law, which include the harmonisation of the definition of ‘brain death’ across different laws and amending the Act to ensure that victims of human trafficking are not treated as offenders.

Download full report- Organ Transplant Law: Assessing compatibility with the right to health


About Dhvani Mehta:

Dhvani is a Senior Resident Fellow in Vidhi Aid. She has supervised research projects on the functioning of the National Green Tribunal, on grievance redressal mechanisms at public health establishments, and on the withdrawal of medical treatment from terminally-ill patients. She has assisted the Indian Council of Medical Research with regulatory reform on clinical trials and has provided legal research and drafting assistance to the Ranjit Roy Chaudhury Expert Committee constituted to suggest reforms to the Medical Council of India. Dhvani has a D.Phil in Law from Magdalen College, University of Oxford. Her doctorate explores the idea of an environmental rule of law in the Indian context and analyses the role of the legislature, executive and judiciary in strengthening or weakening it. Dhvani also has an M.Phil and BCL from Oxford and a B.L.S; LL.B from Government Law College, University of Mumbai.


About Nivedita Saksena:


About Yashaswini Mittal: