The Union Health Ministry will introduce the Bill to amend the Transplantation of Human Organs Act, 1994, aiming to impose stringent penalties on the violators of the Act, in the winter session of Parliament slated for later this month. By amending the law, the government wanted to plug all the loopholes in the law which were exploited by individuals and even hospitals to engage in unlawful human organ trade activity.

Senior officials in the ministry said that all formalities have been completed for the introduction of the Bill in the coming session of Parliament as the minister Ghulam Nabi Azad is keen to amend the law in this regard to put an end to the illegal trade in the human organs in the country. 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 for quite some time to the government to amend the law to curb the unlawful activities in the field also to make it patient-friendly.

As the public outcry against the illegal activities in the human organs trade in the country became louder, the Union Health Ministry decided to amend the law as 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 union Cabinet on September 18 this year had approved the Union Health Ministry's proposal to amend the Act in order to make the organ transplantations 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 the Parliament during 1994 and came into force on February 4, 1995 in the states of Goa, Himachal Pradesh and Maharashtra and all the Union Territories. Thereafter it was adopted by all states except the states of Jammu & Kashmir and Andhra Pradesh, which have their own legislations to regulate transplantation of human organs. The main purpose of the Act is to regulate the removal, storage and transplantation of human organs for therapeutic purposes and to prevent commercial dealings in human organs.

The Act contains detailed provisions relating to the authority for removal of human organs, preservation of human organs, regulation of hospitals conducting the removal, storage or transplantation of human organs, functions of appropriate authority, registration of hospitals and punishment/penalties for offences relating to aforesaid matters.

Despite having put into place a regulatory mechanism for transplantation of human organs, there have been a spate of reports in the print and electronic media about a thriving human organ trade in India and the consequential exploitation of economically weaker sections of the society. There has, therefore, been an increasing perception in civil society 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.