The government on Thursday approved amendments to the organ transplant act, making it more transparent for patients, but stringent for touts and doctors involved in medical malpractice.
The Transplantation of Human Organs and Tissues (Amendment) Bill, 2008, will be placed before Parliament during its next session to be enshrined into law.
The changes in the Transplantation of Human Organs Act (Thoa), 1994, will be of benefit to patients of renal failure. About two lakh people are diagnosed with the condition every year and for most, the only cure is kidney transplant. But less than 3,000 transplants are carried out annually due to strictures on possible donors under the present law.
Thoa allows organ donations from a ‘near relative’, which it defines as spouse, son, daughter, father, mother, brother or sister. The amended law will broaden the definition of ‘near relative’ to include grandparents, grandchildren, uncles and aunts. Also, not-so-close relatives who have stayed with the patient can donate organs, provided there is no commercial dealing.
The law will make legal the swapping of organs between two unrelated families if the organs of the respective willing ‘near relative’ donors are found medically incompatible for the intended recipients. But the swap should be without any commercial transactions.
The law will also make it easier for a spouse to donate an organ. Although the 1994 Act included spouse in the definition of ‘near relative’, a spousal donation was next to impossible because of strictures. But the fact and duration of marriage will still be needed to be established in the new law to protect women from being exploited.
The law will make it mandatory for the confirmation of a woman’s consent from a person other than the recipient.
“We want to make organ transplantation more transparent and patient-friendly but strict for those involved in commercial dealings,” said Union health minister Ghulam Nabi Azad. “Hence, there will be stringent penalties for persons and hospitals violating the provisions of the (new law).” The punishment for organ trading culprits has been increased to a minimum imprisonment of five years and a fine of Rs5 lakh.
The government is planning to link organ donation with incentives to encourage the relatives of brain-dead people for donations. The health ministry has written to the finance ministry to work out methods to provide such relatives health insurance and train/air fare concessions. Free funerals for the dead may also be arranged. Also, it will be mandatory for hospitals to request relatives of brain-dead people for organ donation.
Thoa was adopted by all states and union territories except Jammu and Kashmir and Andhra Pradesh, which have their own organ-regulation legislations.
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“It is a great idea to allow organ swapping between two families as this will discourage the commercial exploitation of organs. It has worked very well in the state so far (four years ago, Maharashtra allowed unrelated families to swap organs).”
Dr Pravin Shingare, joint director, Directorate of Medical Education and Research
