The last decade is famous for kidney transplantation. Organ transplantation in the medical field is a great success. There are many organs which transplanted by doctors.
Transplantation of the organ is legalized by the government not for commercial purposes but for the morals and to save the life of the human. There is legislation that deals with organ donation and transplantation in India.
TRANSPLANTATION OF HUMAN ORGAN ACT, 1994 (THOA):
The matter of health is related to the state government. This act is for the regulation of organ donation and this act made the commercialization of organs punishable and illegal act by this act. The act, in short, is called the “organ transplantation act 1994” and the amendment was held in 2014.
THE ORGANS WHICH CAN BE TRANSPLANTED:
The first one is an ORGAN, and the list is like heart, kidney, eyes, liver, lungs, pancreas, and intestine. And the second one is TISSUES, the list is like bone, skin, veins so and so forth. The most common transplanted organs are:
- Kidney
- Liver
- Heart
FEATURES OF THE ACTS ARE:
- Provide the legislation for the removal, storage, and transplantation of human organs.
- Illegalizes for buying and selling of human organs, and for not making the money and making it illegal criminal offenses.
- Establishes the institutional structures for regular check-ups which are permitted to do.
- Through this act, the concept of brainstorming comes to India.
TYPES OF DONER:
This act defines two types of doners:
First: permits the near relative like wife/husband, parents, and siblings, etc.
Second: living donors who are willing to donate the organ without any terms and conditions.
PRINCIPAL MATTER UNDER THIS ACT:
- Authority for removal of human organ
- Regulation of hospital
- Registration of the hospital
- Offenses and penalties.
AUTHORITY FOR REMOVAL OF THE HUMAN ORGANS:
If any doner is given the authority that before its death the hospital can remove the organ for the purpose of a donation then they can remove it.
And If any doner gives in the writing then in front of two witnesses and one of the witnesses should be the close relative of him or her that before or after the death they can remove the organ then the hospital can remove the organ on the basis of doners writing.
And after the death, if the relative has not any kind of problem then they can remove the organ for the transfer purpose. Authority who can remove the organs: those who are certified and medical experts generally neurologists or neurosurgeons should be registered, medical practitioners.
CASES WHERE HUMAN ORGANS CAN’T BE REMOVED BY THE AUTHORITY:
The organ can’t remove from an unclaimed body and in any prison, after the 48 hours of death, they can’t remove the organ. And if a near relative claims the dead body then anyone can’t remove the organ.
If any dead body comes for the postmortem and if they know that in the investigation there is no need for that organ then they can remove the same.
PRESERVATION OF ORGAN:
Registered medical practitioners shall take the step for the preservation of the organ as prescribed.
RESTRICTION OR AUTHORIZATION:
- For removing any human organ and that person is not near a relative then the doctor has to take the authorization from the authorization committee.
- If the donor and donee are near relatives but from different nationalities like one is Indian and the second is the US then the doctor has to take the authority from the authorization committee.
- If the doner is minor means less than 18 years old and a mentally challenged person then they cannot remove an organ from the body.
REGULATION OF HOSPITAL:
- If any hospital is not registered by this cat then that hospital is not authorized hospital for do the same.
- No medical practitioner or any other person shall conduct /aid in conducting by himself or by any other person à remove, storge, transplant of human organ/tissues.
So there is proper regulation for that which we discussed above. There are some punishments for illegal transplantation. The term of punishment is 5-year imprisonment which may be exceeded by 10 years with a fine.
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