Human Organ Transplantation and Laws Governing It

An organ transplant is a process of moving an organ from the donor’s body to the receiver’s body so as to replace the faulty or damaged organ of the receiver. The growing demand for human organ transplantation has resulted in illegal organ trade and uncontrolled organ trafficking.

Often, the poor and illiterate are tempted to or tricked into donating their organs, such as kidneys, for a nominal price. This calls for urgent reappraisal of the current laws related to human organ transplantation.

Human Organ Transplantation: The Transplantation of Human Organs Act, 1994

The government of India has formulated the Transplantation of Human Organs Act, 1994, to protect the poor and illiterate from being victims of inhuman organ traders and reduce instances of illegal human organ trafficking.  The Act regulates the removal, storage and transplantation of human organs and prohibits commercial dealings in human organs. The Act extends to the states of Goa, Himachal Pradesh and Maharashtra, all Union Territories and a state, which adopts the Act.

The Act offers regulations for the functioning of hospitals regarding human organ transplantation. Some regulations are:

• A hospital, which is not registered under the Act, is prohibited from conducting, associating or helping in the removal, storage and transplantation of human organs.
• The Act prohibits a medical practitioner from conducting or helping the conduction of any activity pertaining to the removal, storage and transplantation of human organs at a place that is not registered under the Act.
• No place, but a hospital registered under Section 15 of the Act shall be used for the removal, storage and transplantation of human organs only for therapeutic purposes. However, only the eyes and ears from the donor’s dead body of a donor may be removed for therapeutic purposes, at any place, by a registered medical practitioner.

Human Organ Transplantation: Offences and Penalties under the Transplantation of Human Organs Act, 1994

Any person who conducts or renders his services to a hospital or helps in human organ transplantation in an unauthorized way shall be punished with an imprisonment of up to 5 years or fine up to Rs.10, 000. In case the offender is a registered medical practitioner, his name shall be removed from the register of the State Medical Council by the respective council for 2 years for his first offence and permanently for the successive offence.