Complete organ transplant process in 6-8 weeks, says Delhi HC

Subject :Polity

Section: Legislation in news

Context:

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

More on news:

Justice Prathiba M Singh said prolonged delays can cause significant mental and physical anguish for donors, recipients, and their families.
It also directed the Ministry of Health and Family Welfare to adhere to timelines under The Transplantation of Human Organs and Tissues Act, 1994, and Rules, 2014 for all steps in the process of considering organ-donation applications.
The court suggested that after 4-6 weeks of receiving the application, the Committee can schedule interviews within 2 weeks. This will facilitate meetings of family members of the donors and recipients and conduct more than one interview.
The “entire process i.e. from submission to decision should not exceed 6 to 8 weeks”-Courts said.

The Transplantation of Human Organs and Tissues Act, 1994:

The law governs the transplantation of human organs and tissues in India, including the donation of organs after death.
It lays down regulations governing healthcare providers and hospitals, and stipulates penalties for violations.
The Act allows living donations from close relatives such as parents, siblings, children, spouses, grandparents, and grandchildren.
Altruistic donations from distant relatives, in-laws, or long-time friends are allowed after additional scrutiny to ensure there is no financial exchange.
Living donations from close relatives involving Indians or foreigners must be accompanied by documents establishing their identities, family trees, and pictures that prove the donor-recipient relationship.
Offering to pay for organs or supplying them for payment; initiating, negotiating, or advertising such arrangements; looking for persons to supply organs; and abetting in preparing false documents can attract a jail term up to 10 years and a fine up to Rs 1 crore.

Role of Authorisation Committee:

The Authorisation Committee oversees and approves organ transplant procedures involving donors and recipients who are not near relatives.
This approval is crucial in ensuring ethical compliance and preventing illegal practices.

Transplantation of Human Organs and Tissues Rules,2014.

Rule 7 of the 2014 Rules provides for the constitution of the Authorisation Committee and the nature of enquiry and evaluation conducted by it.
Rule 7(3) says the Committee must ensure there is no commercial transaction involved in cases where the donor and recipient are not near relatives.

About NOTTO:

National Organ and Tissue Transplant Organization (NOTTO) is a National level organization set up under the Directorate General of Health Services, Ministry of Health and Family Welfare, Delhi.
National Network division of NOTTO would function as the apex center for all India activities of coordination and networking for procurement and distribution of organs and tissues and registry of Organs and Tissues Donation and Transplantation in the country.

National Organ Transplant Program (NOTP)

It is a central sector continuing scheme implemented by the National Organ and Tissue Transplant Organization (NOTTO).
It aims to improve access to the life transforming transplantation for needy citizens of our country by promoting deceased organ donation.

Organs and tissues that can be transplanted

organs – heart, kidney, liver, lung, pancreas, stomach and intestine
tissue – cornea, bone, tendon, skin, pancreas islets, heart valves, nerves and veins
cells – bone marrow and stem cells
limbs – hands, arms and feet.