A Socio-legal Study on COVID Pandemic and its Impact on the Human Organ Transplantation in India

  • Unique Paper ID: 190607
  • Volume: 12
  • Issue: 8
  • PageNo: 5155-5159
  • Abstract:
  • In India, it is a callous fact that human organ donations reduced significantly in the past few months, especially during the nationwide lockdown which was imposed in March. The fact is that organ donations have always been dreadfully low in India. It is estimated that only 0.65 donations per million populations take place in the country, as compared to 35 in Spain and 26 in the U.S. respectively. However, in the past few months due to Covid-19 pandemic, organ donations have reduced drastically across the world, including India. The law in its progressive nature always purports its ideology of promoting organ donation even during this Covid-19. It is pertinent to note that the law, relating to organ donation in India is well written in the books of the statute, but in practice, it seems to be impractical. It lacks intensity to curb the problem of cadaver donations and carrying-out organ donation in case of a brain dead person due to his/her death on road accident. It is therefore, strongly recommended that India needs to introduce the concept of “Opting-out system’ and ‘Presumed Consent system’ phenomena in its human organs related Acts and regulations. This shall enhance the possibilities of cadaver organ donations procurements from the road accidents, brain deaths and at the same time, create sensitization nationwide during the COVID-19 situation. The law on Indian Transplantation of Human Organs Act, 1994 (THOA) has proved to be a great value-addition in order to curb the issue of shortage of organ donation.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{190607,
        author = {Ms. Yadav Reshma Jaishreeram},
        title = {A Socio-legal Study on COVID Pandemic and its Impact on the Human Organ Transplantation in India},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {8},
        pages = {5155-5159},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=190607},
        abstract = {In India, it is a callous fact that human organ donations reduced significantly in the past few months, especially during the nationwide lockdown which was imposed in March. The fact is that organ donations have always been dreadfully low in India. It is estimated that only 0.65 donations per million populations take place in the country, as compared to 35 in Spain and 26 in the U.S. respectively. However, in the past few months due to Covid-19 pandemic, organ donations have reduced drastically across the world, including India. The law in its progressive nature always purports its ideology of promoting organ donation even during this Covid-19. 
 It is pertinent to note that the law, relating to organ donation in India is well written in the books of the statute, but in practice, it seems to be impractical. It lacks intensity to curb the problem of cadaver donations and carrying-out organ donation in case of a brain dead person due to his/her death on road accident. It is therefore, strongly recommended that India needs to introduce the concept of “Opting-out system’ and ‘Presumed Consent system’ phenomena in its human organs related Acts and regulations. This shall enhance the possibilities of cadaver     organ donations procurements from the road accidents, brain deaths and at the same time, create sensitization nationwide during the COVID-19 situation. The law on Indian Transplantation of Human Organs Act, 1994 (THOA) has proved to be a great value-addition in order to curb the issue of shortage of organ donation.},
        keywords = {Cadaver, THOA, COVID-19, Human Organ Donation},
        month = {January},
        }

Cite This Article

Jaishreeram, M. Y. R. (2026). A Socio-legal Study on COVID Pandemic and its Impact on the Human Organ Transplantation in India. International Journal of Innovative Research in Technology (IJIRT), 12(8), 5155–5159.

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