INDIA’S TRANSPLANT LAW (Syllabus: GS Paper 2 - Governance)

Context: Recently, the government has ordered a probe into the findings of an investigation alleging that poor Myanmarese villagers were being lured into giving their kidneys to rich patients from that country.

India’s Transplant Law

• Source of Transplants: A transplant can originate from a pool of organs donated by deceased persons' relatives or from a living person known to the recipient.
• Regulation: The Transplantation of Human Organs and Tissues Act, 1994 permits living donations, primarily from close relatives like parents, siblings, children, spouse, grandparents, and grandchildren.

oAltruistic donations from distant relatives, in-laws, or long-time friends are allowed after additional scrutiny, ensuring no financial exchange.

• Documentation for Living Donations: In cases of living donations from close relatives, whether Indian or foreign, various documents including identity proofs, family tree, pictures, and documents proving the donor-recipient relationship must be submitted.
• Unrelated Living Donations: Donations from unrelated individuals require submission of documents and photographic evidence demonstrating a long-term association or friendship.

oAn external committee thoroughly examines such cases to prevent illegal dealings.

• Legal Consequences: Initiating or participating in transactions involving payment for organs, advertising such arrangements, seeking organ suppliers, and aiding in the creation of false documents are punishable offenses.
• Penalties: Imprisonment for up to 10 years and fines up to Rs 1 crore.