About

• The Transplantation of Human Organs and Tissues Act, 1994 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.
  • Note 1: The subject of artificial organs is not regulated under the Act.
  • Note 2: Since health is a state subject, states must adopt this Act before it can be applicable within their jurisdictions. As of now, most of the states have adopted the act.

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.
• The composition of the Authorisation Committee shall be prescribed by the Central Government from time to time. 

Transplantation of Human Organs (Amendment) Act, 2011

• The Act 1994 was amended in 2011 that provided the base for the National Organ and Tissue Transplant Organization (NOTTO), a National level organization set up under the Directorate General of Health Services, Ministry of Health and Family Welfare.

NOTTO, located in New Delhi, functions as the apex center for All India activities of coordination and networking for procurement and distribution of Organs and Tissues and registry of Organs and Tissues Donation and Transplantation in the country.