Recently, Delhi High Court made notable recommendations concerning organ transplant processes in India. The court recommended a timeframe of 6-8 weeks to be allocated for the completion of organ transplant processes, especially those involving living donors. Coupled with this, the court directed the government to establish specific timelines for all stages of organ donation applications in compliance with The Transplantation of Human Organs and Tissues (THOT) Act, 1994, and THOT Rules, 2014.
The Transplantation of Human Organs and Tissues Act, 1994
The THOT Act, 1994, governs the transplantation of human organs and tissues in India, including posthumous organ donations. This law lays down regulations for healthcare providers and hospitals and lays out penalties for any violations. The Act allows for organ transplants from a pool of organs of deceased persons donated by their relatives or a living person known to the recipient. Living donations are generally permissible from close relatives, such as parents, siblings, children, spouses, grandparents, and grandchildren.
Donations From Distant Relatives and Unrelated Persons
Altruistic organ donations from distant relatives, in-laws, or long-time friends are allowed after additional scrutiny to ensure there is no financial exchange. Donations from unrelated people require documentation and photographic evidence that substantiates a long-term association or friendship with the recipient. An external committee assesses these elements to prevent illegal transactions.
Penalties Under the Act
Violations like offering to pay for organs or advertising organ arrangements can attract a jail term of up to 10 years and a fine of Rs 1 crore.
National Organ and Tissue Transplant Organisation (NOTTO)
NOTTO is a national level organisation established under the Directorate General of Health Services, Ministry of Health and Family Welfare. It coordinates and networks for the procurement and distribution of organs and tissues across India. NOTTO also maintains a registry of organ and tissue donations and transplantations in the country.
The Transplantation of Human Organs and Tissues Rules, 2014
The THOT Rules, 2014 provides guidelines for the constitution of the Authorisation Committee, the body that oversees and approves organ transplant procedures. It stipulates that the committee ensure there is no commercial transaction involved when the donor and recipient are not near relatives. This committee also plays a crucial role in expedited evaluations when the recipient is in a critical condition.
Role and Powers of the Authorisation Committee
The Authorisation Committee conducts a thorough inquiry while reviewing applications for transplant approval. The key aspect of the inquiry includes verifying the authenticity of the donor and recipient, and ensuring that the donation is not driven by commercial motives.
High Court’s Recommendations on Organ Transplantation
The Delhi High Court emphasised the necessity for state governments and Union Territories to form one or more authorisation committees for maintaining the integrity of organ transplantation protocols. The court also underscored the need for expedited processing of organ donation applications with not more than 10 days from the date of application.
The Timelines for Documentation Verification and Interviews
The high court further laid out timelines for verification of documents concerning the domicile status of the recipient and donor, which is within 14 days. It also stated that interviews should be scheduled within two weeks after four to six weeks of receiving the application.
The Need for Government Intervention
The Delhi High Court calls for its judgment to be presented to the Secretary, Ministry of Health and Family Welfare, strongly advocating for the prescription of timelines for all steps in the consideration of organ donation applications, after discussing with relevant stakeholders.
Last Modified: February 23, 2024