The Transplantation of Human Organs and Tissues Act, 1994

Introduction

An Act to provide for the regulation of removal, storage and transplantation of (human organs and tissues for therapeutic purpose and for the prevention of commercial dealings in human organs and tissues) and for matters connected therewith or incidental thereto.

Organs that can be transplanted are:

     » the heart, kidneys, eyes, liver, lungs, pancreas, intestine, and the thymus.

     » Tissues include bones, tendons cornea, Skin, heart valves and veins.

     » Worldwide, the kidneys are the most commonly transplanted organs, followed closely by the liver and then the heart.

Statement of Objects and Reasons

1. At present, there is no comprehensive legislation to regulate the removal of organs from living as well as deceased persons and transplantion of such organs. In the Union territory of Delhi, there are two enactments in force, namely, the Eyes (Authority for Use for Therapeutic Purpose) Act, 1982 and the Ear Drums and Ear Bones ( Authority for Use for Therapeutic Purpose) Act, 1982 which regulate the removal and transplantation of cornea, ear drum and ear bones. In Maharastra, the Maharastra Kidney Transplantation Act,1982 and the Bombay Corneal Grafting Act, 1957 regulate the transplantation of kidneys and corneas respectively. Thus, there is a need for a comprehensive legislation for regulating the removal of Organs from cadavers and living persons and prohibiting commercial dealings in human organs.

2. There has been a persistent demand for such a legislation in Parliament, and from various national bodies, medical, legal and social experts, particularly, when reports about the commercial dealing in human organs, especially kidneys, have increased. There has been persistent demand for prohibiting this unethical practice. On the other hand, in the absence of any legal sanction the removal of organs from persons suffering brain-stem death has not been possible. It has impeded transplantation of organs like liver and heart for which the necessary technology is available in the country. In order to reach a broad consensus of opinion in this also prepared by a Committee of medical and legal experts headed by Dr.L.M.Singhvi.

3. Against this background, it is consisdered necessary to entact a comprehensive law for regulating the removal and transplantation of human organs and for preventing commercial dealings in organs by providing punishment for such dealings.

The Act defines two categories of donors:

     » First, it permits a near relative, defined as a patientsspouse, parents, siblings, and children, to donate a kidney to the patient.

     » Secondly, live donors who are not near relatives but are willing to donate kidneys to the due to attachment or any other reasons are permitted to do so,

     » Provided that the transplantations have the approval of the Authorization Committee, established under the Act.