Transplantation of Human Organs and Tissues Act, 1994
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.
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