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Science & Tech., Polity & Governance
Mahesh

11/01/24 06:48 AM IST

Complete transplant process in 6-8 weeks, says Delhi HC

In News
  • Delhi High Court has prescribed an ideal timeline of 6-8 weeks to complete the process of transplanting organs from living donors.
1994 Act
  • The law 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.
  • 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.
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.
  • Section 9(4) says the “composition of the Authorisation Committee shall be such as may be prescribed by the Central Government from time to time”, and that state government and Union Territories “shall constitute…one or more Authorisation Committee consisting of such members as may be nominated by the State Government and the Union Territories…
  • Under Section 9(5), the Committee is expected to conduct a thorough inquiry while reviewing applications for transplant approval. A crucial aspect of the inquiry is to verify the authenticity of the donor and recipient, and ensure that the donation is not driven by commercial motives.
  • Section 24 of the Act allows the Centre to make rules, subject to parliamentary approval, for carrying out the various purposes of the Act. These can relate to the manner and conditions under which a donor may authorise the removal of their organs before death, how a brain-stem death is to be certified, or the steps to be taken to preserve human organs removed from anyone, etc.
2014 Rules
  • Rule 7 of the 2014 Rules provides for the constitution of the Authorisation Committee and the nature of enquiry and evaluation conducted by it.
  • Rule 7(3) says the Committee must ensure there is no commercial transaction involved in cases where the donor and recipient are not near relatives.
  • But Rule 7(5) says that if a recipient is in a critical condition and needs transplantation within a week, the hospital can be approached for an expedited evaluation.
  • For living donor transplantations, Rule 10 describes the application process, which requires joint applications by the donor and recipient.
  • Rule 21 requires the Committee to personally interview applicants and determine their eligibility to donate.
Source- Indian Express

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