About

• The Transplantation of Human Organs and Tissues Act, 1994, and Rules, 2014 governs the transplantation of human organs and tissues in India, including the donation of organs after death. 
• It lays down regulations governing healthcare providers and hospitals, and stipulates penalties for violations.
• A transplant can be either from a pool of organs of deceased persons donated by their relatives or from a living person who is known to the recipient.
• In most cases, the Act allows living donations from close relatives such as parents, siblings, children, spouses, grandparents, and grandchildren. Altruistic donations from distant relatives, in-laws, or long-time friends are allowed after additional scrutiny to ensure there is no financial exchange.
• Living donations from close relatives involving Indians or foreigners must be accompanied by documents establishing their identities, family trees, and pictures that prove the donor-recipient relationship. Donors and recipients are also interviewed.
• Donations from unrelated persons require documents and photographic evidence to prove their long-term association or friendship with the recipient. These are examined by an external committee to prevent illegal dealings.
• Offering to pay for organs or supplying them for payment; initiating, negotiating, or advertising such arrangements; looking for persons to supply organs; and abetting in preparing false documents can attract a jail term up to 10 years and a fine up to Rs 1 crore.
• The Authorisation Committee plays a critical role in the transplantation process.

What is the Authorisation Committee?

• The Authorisation Committee oversees and approves organ transplant procedures involving donors and recipients who are not near relatives. 
• This approval is crucial, especially in cases where organs are donated for reasons of affection, attachment, or other special circumstances, to ensure ethical compliance and prevent illegal practices.

Why in News?

• In a verdict that would have major implications for organ transplantation, the Madras High Court has held that the consent given by a donor, even if he/she is not related to the recipient, must be accepted by the authorisation committee at its face value unless there is evidence to prove money or money’s worth having changed hands.
• Shifting the burden of proof from the donor/recipient to the authorisation committee, the court held that the donor and the recipient can only assert that there is no commercial dealing. They cannot be called upon to prove the negative.

https://www.thehindu.com/news/national/tamil-nadu/organ-transplantation-donors-consent-must-be-accepted-at-face-value-says-madras-high-court/article68232062.ece