Source: The Indian Express

Introduction

Recently, the Delhi High Court has prescribed an ideal timeline of 6 to 8 weeks to complete the process of transplanting organs from living donors.

• The Court directed the government to ensure that the timelines under the Transplantation of Human Organs and Tissues Act, 1994 and Rules 2014 are prescribed for all steps in the process of considering organ donation applications.

What was the Case Before Delhi High Court?

• In the case of Amar Singh Bhatia & Anr. v. Sir Ganga Ram Hospital & Ors., a petition was filed by a retired Indian Air Force officer who was diagnosed with kidney failure in 2017.
• By the year 2019, two hospitals had advised him to get a rental transplant.
• In June 2019 the petitioner attempted to obtain approval for transplantation which was, however, refused at the Army Hospital in New Delhi. The required transplant was denied due to the non-availability of a near relative donor.
• In the year 2020, the petitioner approached the High Court seeking the transplant.
• In February 2021, the High Court directed the authorization Committee to decide the petitioner’s application within 2 weeks.
• In October 2021, the petitioner passed away.

What were the Court’s Observations?

• Justice Pratibha M Singh observed that everything from conducting interviews to processing forms and decision-making is to be done within fixed timelines and not in an expanded manner.
• The Court further held that the entire process from submission to decision ought not to ideally exceed 6 to 8 weeks.

What are the Laws Relating to Organ Transplantation in India?

• The primary legislation related to organ donation and transplantation in India is the Transplantation of Human Organs and Tissues Act, which was passed in 1994.
• According to the Preamble, the objectives of this Act are as follows:
  • To provide a legal framework for the procedures involved in the removal, storage, and transplantation of human organs and tissues, ensuring that these activities are conducted for therapeutic purposes.
  • A crucial aspect is to prevent commercial dealings in human organs and tissues. It aims to curb any form of illegal trade or exploitation related to organ and tissue transplantation.
  • It ensures that the process of organ and tissue transplantation is carried out in an ethical and legally compliant manner, safeguarding the rights and welfare of both donors and recipients.
  • It emphasizes that the removal and transplantation of organs and tissues should be strictly for therapeutic purposes, aligning with medical and ethical standards.
• The key provisions of this Act include the following aspects:
  • This Act defines critical terms such as donor, recipient, hospital, and brain death.
  • It outlines its applicability, covering aspects of organ and tissue transplantation, including conditions under which organs can be removed from living or deceased individuals.
  • Specific provisions, such as Sections 3-9 of the Act, provide for the removal of organs or tissues from both living and deceased donors. This includes scenarios where the donor is brain dead, a minor, or an unclaimed body in a hospital. Consent procedures are detailed, emphasizing the need for voluntary and informed consent.
  • Sections 10-12 mandate that hospitals performing organ or tissue removal, storage, or transplantation must be registered. It specifies conditions for registration, including necessary infrastructure, facilities, and qualified personnel.
  • Under Sections 13-13D of this Act, an Appropriate Authority has been established for each State or Union Territory. The said Authority is responsible for granting registrations to hospitals, enforcing the Act's provisions, and conducting inspections.
  • Section 13A of this Act provides for the establishment of Advisory Committees to assist the Appropriate Authority. These committees, comprising medical and legal experts, advise on technical, ethical, and legal issues related to transplantation.
  • One of the crucial aspects of the Act is its strict prohibition of commercial dealings in human organs as provided in Sections 19 and 19A.
  • It criminalizes the buying and selling of human organs, including advertising for organ sales. Violations are punishable by imprisonment and fines.
  • Section 24 of this Act empowers the Central Government to make rules for the implementation of its provisions. As empowered by this provision, the Central Government has framed the 2014 Rules.