The much awaited amendment in 'Transplantation of Human Organs Act, 1994' has been introduced in Parliament by Union health minister Ghulam Nabi Azad. However, since the ongoing session of Parliament is coming to a close on December 21, the chances of discussion and its subsequent passing in this session looks difficult.
Though the central government had enacted The Transplantation of Human Organs Act to control the human organ trade in the country about 15 years ago, there were widespread reports of violations of the law by the unscrupulous elements in the country for economic gains. Experts in the human organ transplantation field have been demanding to the government to amend the law to curb the unlawful activities in the field also to make it patient-friendly.
The health ministry's initiative to amend the law comes in the wake of this background as there were repeated reports about a thriving human organ trade in the country and the consequential exploitation of economically weaker sections of the society. There was an increasing perception among the common people that while the Act has not been effective in curbing commercial transactions in organ transplant, it has thwarted genuine cases due to the complicated and long drawn process involving organ donation.
The amendment in Transplantation of Human Organs Act aims to make the organ transplantation more transparent and patient friendly and also for imposing stringent penalties on persons/hospitals violating the provisions of the Act. The Transplantation of Human Organs Act, 1994' was enacted by Parliament in 1994 to regulate the removal, storage and transplantation of human organs for therapeutic purposes and to prevent commercial dealings in human organs.
After the amendments, the Act will be renamed as the 'Transplantation of Human Organs and Tissues Act';and will have several new features including the expansion of the definition of the term ‘near relatives’ to include grandparents and grandchildren.
Apart from expanding the definition of the term ‘near relatives’ to include grandparents and grandchildren, the new amendment in the Act will also make it mandatory for the ICU/Treating Medical Staff to request relatives of brain dead patients for organ donation. The amendment also seeks to regulate the transplantation of organs for foreign nationals and also to provide for Swap Donations of organs.
The new amendment seeks to prevent the exploitation of minors and for the enucleation of corneas by a trained technician, to enable a surgeon/physician and an anesthetist/intensivist to be included in the medical board in the event of non availability of a neurosurgeon/neurologist for certification of brain death.
The amendments will also empower the central government to prescribe the composition of Authorisation Committees and to empower Union Territories to set up their own authorization committees. It will also provide for the establishment of Advisory Committees for Appropriate Authorities and will vest in Appropriate Authorities, the power to summon persons, seek production of documents, issue search warrants, etc.
The amendment seeks to establish a National Organ Retrieval, Banking & Transplantation Network and the development and maintenance of a national registry of the recipients of organ transplants. It also seeks to create the position of a ‘Transplant Coordinator’ in all hospitals registered for organ retrieval and or transplantation and will provide for the registration of Non Government Organizations working in the field of organ retrieval and or transplantation in any manner whatsoever.
The amendment will also enhance the penalties under the Act; and will also expand the rule making powers of the Central Government.