Transplantation of Human Organs and Tissues Act, 1994

While enacting the instant legislation, Parliament has borne in mind two principles of public interest, first, there is a need to allow transplantation as an instrument of saving lives since transplantation has an important element in the protection of public health, and secondly, there was a need to ensure that trafficking in human organs does not take place by exploiting poverty, illiteracy and ignorance of a large section of Indian society.

In its regulatory provisions, the Act seeks to bring about a balance between the aforesaid two competing principles.The contradictions and strains of globalization in the healthcare sector can be seen clearly in the legal issues raised by organ trafficking and health tourism. Legislation embodying particular national taboos is made absolute by the development of cross-border trade in body parts. Case law supporting a nationally based rationing of health care is undone by the effect of international Economic Law.

Non-market values, relating to the intrinsic dignity of the human body or the principle of social solidarity in health-care provisions, are swept away by capitalist globalization. Reformist responses are expressed as demands for partial regulation of organ trade or health tourism.