The Centre is planning to amend the Transplantation of Human Organs Act, 1994 to bring also transplantation of tissues and therapy, apart from human organs, under the purview of the law in line with advancement in medical technology.
However, the health ministry sources said, cell transplantation and therapy would not be covered under the proposed amendment as they required a new law. But at present, the Act would be amended to include tissues, with exception of blood.
The amendment, drafted by the Health Department, proposes to change the name of the act from `Transplantation of Human Organs Act' to 'Transplantation of Human Organs & Tissues Act' and include the definition of tissue transplantation and therapy in it. The main purpose of the Act is to regulate the removal, storage and transplantation of human organs and tissues for therapeutic purposes and to prevent commercial dealings in human organs, the bill says.
The inputs from the report of the review committee set up by the Delhi High Court in 2004 were also included in the proposed amendment, as there were lots of allegations about the effectiveness of the Act amid reports of human organ rackets. There is a vide disparity between demand and supply of organs in India. It is estimated that about 1,50,000 people are diagnosed with kidney failure in India every year, for whom the only way out is an organ transplant. However, it is believed that the number of transplants have fallen from 3600 in 2002 to a little more than 2000 in the year 2004.
The new bill also modifies the definition of term `near relatives' as organ donors to include grand children and grand parents. At present, the term covers only spouse, son, daughter, parents, brother or sister who can donate organs without approval of the authorization committee.
The bill also seeks to set up advisory committees as there were reports that the existing Appropriate Authorities under the present law often functioned rather mechanically." It has often been said that the poor conviction rate under the Act is mainly due to the fact that the officer of the Department of Health, who is designated as the appropriate authority in most States takes on this responsibility in addition to other administrative functions. He is unable to find time for a methodical and systematic discharge of the duties assigned to the Appropriate Authority under the Act,'' the bill adds.