Delhi HC prescribed regulation on transplantation of organs

Delhi HC prescribed regulation on transplantation of organs

This article covers ‘Daily Current Affairs’ and the topic details of “ Delhi HC prescribed regulation regarding transplantation of organs ’’. This topic is relevant in the “Polity and Social Justice” section of the UPSC CSE exam.

UPSC MAINS GS2 Syllabus : Government policies and intervention, management of social sector/services relating to health.

Why in the News?

The Delhi High Court recently had prescribed a 6- to 8-week time for the procedure of transplanting organs from donors who are alive. Long waits, per the High Court, can inflict tremendous both mental and physical agony for donors, recipients, and their loved ones. It asked the Ministry of Health and Family Welfare to guarantee that all phases in the process of assessing organ donation applications are completed within the timeframes provided under the Transplantation of Human Organs and Tissues Act of 1994 and Rules of 2014.

In India, regulatory systems overseeing organ transplantation are –

  • Institution : The National Organ and Tissue Transplant Organisation (NOTTO) is a national organisation that reports to the Ministry of Health and Family Welfare.It not only establishes policy guidelines and norms for various functions, but it also manages all national organ donation efforts.
  • Legislation : The government of India approved the Transplantation of Human Organs Act (THOA) in 1994.The Transplantation of Human Organs Rules, which were recently updated in 2014, further expanded the realm of donation and included tissues for transplantation.The act criminalised the selling of organs and legalised the idea of brain death in India, permitting deceased donation by getting organs from brain stem dead individuals.

What are the rules regarding Organ transplants

 The government revised national organ transplantation guidelines in February 2023.

  • The new guidelines repealed the 65-year age limit for people seeking organs from a deceased donor.
  • Living donor transplants, in which family members donate organs such as kidneys and livers, have no age limit.
  • However, according to NOTTO criteria, those over the age of 65 could not register to receive organs from deceased donors.
  • It demanded that governments remove the domicile requirement for registering persons who are looking for organs from deceased donors for transplant procedures. A needy person can now go to any state in the nation to register for an organ transplant as well as have the operation performed.
  • NOTTO will assign the patient a unique ID upon registration.
  • This will be carried over even if the patient transfers to various hospitals in different states.
  • Noting that some states demand fees ranging from Rs 5,000 to 10,000 for registering such patients, this advice instructs them not to do so.

What is Transplantation of Human Organs and Tissues Act, 1994

    • In India, this legislation oversees the transfer of human organs and tissues, including organ donation after death.It establishes regulations for healthcare providers and hospitals, as well as consequences for noncompliance.
    • A transplant can come from a collection of organs donated by kin of those who passed away or from a living individual known to the recipient.
    • The Act authorises living donations from close relatives such as siblings, parents, kids, partners, grandmothers and grandfathers and grandkids in the majority of situations.
    • Altruistic donations from far-flung relatives, the in-laws or long-time friends are permitted after additional inspection to guarantee that no cash transaction takes place.
    • Living donations from loved ones, whether Indians or foreigners, must be accompanied by documents proving their names, lineage trees, and photographs proving the donor-recipient link. Donors and recipients both are interviewed as well.
    • Unrelated donors must provide documentation and photographic proof of their long-term acquaintance or friendship with the recipient. An external committee examines these to prevent illicit dealings.
  • Punishment – Offering to pay for organs or supplying them for payment; initiating, negotiating, or publicising such arrangements; looking for persons to supply organs; and assisting in the preparation of fake paperwork are all punishable by “up to ten years in prison and a fine of up to Rs one crore”.
  • Duty of Authorisation committee
  1. The Authorisation Committee supervises and approves organ transplant procedures involving unrelated donors and recipients. Section 9(5) of the statute requires the Committee to conduct a comprehensive investigation when considering transplant applications.
  2. This consent is critical, especially when organs are donated out of love, attachment, or other specific circumstances, to ensure ethical compliance and prevent illegal actions.
  3. The statute gives the Central Government the authority to determine the makeup of the Authorization Committee. State and Union Territories shall appoint members to one or more Authorization Committees.
  4. Section 24 of the Act empowers the central government to create rules for carrying out the Act’s various purposes, subject to parliamentary approval.

About 2014 rules 

  • Rule 7 of the 2014 Rules specifies the composition of the Authorisation Committee as well as the scope of its investigation and evaluation.
  • In circumstances where the donor and beneficiary are not close relatives, Rule 7(3) requires the Committee to confirm that no commercial transaction is involved.
  • However, Rule 7(5) states that if a recipient is in serious condition and requires transplantation within one week, the hospital can be contacted for an expedited work evaluation.

Download Yojna daily current affairs eng med 12th Jan 2024


Prelims practice question 

Q1) Who is eligible to donate organs under the Transplantation of Human Organs Act, 1994?

  1. Only living related donors
  2. Only deceased donors
  3. Both living and deceased donors
  4. Only government officials

Answer: C

Q2) Which government body is responsible for the implementation of the Transplantation of Human Organs Act, 1994?

  1. Ministry of Education
  2. Ministry of Health and Family Welfare
  3. Ministry of Finance
  4. Ministry of Transport

Answer: B

Mains practice Question 

Q1) What ethical considerations should be taken into account when it comes to organ transplantation under the current legal framework?

Q2)  How can the government and non-governmental organizations collaborate to promote a positive organ donation culture in the country?

No Comments

Post A Comment