Organ donation legalities in India

Organ Donation

In India, the legal framework governing organ donation is primarily established by the Transplantation of Human Organs and Tissues Act (THOTA), 1994, which has been amended several times, most notably in 2011. The legislation addresses various aspects of organ donation and transplantation to ensure ethical practices and prevent organ trafficking. Here are the key legalities of organ donation in India:

Key Provisions of THOTA

1. Consent and Authorization:

o Living Donors: The Act allows living donors to donate organs, typically to close relatives such as parents, siblings, children, and spouses. In cases where the donor is not a close relative, a special authorization is required from an appropriate authority to prevent commercial exploitation.
o Deceased Donors: Consent for deceased organ donation can be provided by the person themselves prior to death or by the family members after the person’s death. The law recognizes brain death as a legal form of death, facilitating organ retrieval from brain-dead patients.

2. Regulatory Authorities:

o Authorization Committees: These committees are established at the state and hospital levels to regulate and oversee the approval process for organ donations, particularly in cases involving non-related donors.
o Appropriate Authority: Each state and union territory has an appropriate authority responsible for the overall implementation of the Act, ensuring compliance with the legal and ethical standards of organ donation and transplantation.

3. Brain Death Certification:

o Procedure: The Act outlines a strict procedure for the certification of brain death, which must be conducted by a panel of medical experts. This certification is crucial for the retrieval of organs from deceased donors.
o Panel Composition: The panel must include the medical practitioner in charge of the hospital, an independent medical practitioner, a neurologist or neurosurgeon, and the medical practitioner treating the patient.

4. Prohibition of Organ Trade:

o Illegal Transactions: The Act strictly prohibits any form of organ trade and outlines severe penalties for those involved in commercial dealings of human organs.
o Punishments: Penalties for violations include imprisonment and fines. Individuals, hospitals, and intermediaries involved in illegal organ trade can face severe consequences.

5. Regulation of Transplant Centers:

o Registration: Hospitals and medical institutions involved in organ transplantation must be registered under the Act. They must comply with specific standards and guidelines to ensure ethical practices.
o Inspections and Audits: Regular inspections and audits are conducted to ensure compliance with the Act and to maintain transparency and accountability in the transplantation process.

6. National Organ and Tissue Transplant Organization (NOTTO):

o Coordination and Networking: NOTTO serves as the apex body for coordinating and networking all activities related to organ donation and transplantation at the national level. It maintains a registry of donors and recipients, and manages the allocation and distribution of organs.

7. Public Awareness and Education:

o Campaigns: The Act encourages public awareness campaigns to educate people about organ donation and to dispel myths and misconceptions. Awareness drives aim to increase the rate of organ donation and to promote voluntary consent.

Amendments and Improvements.

• 2011 Amendment: The significant amendment made in 2011 aimed to streamline the process and make it more robust. It introduced the concept of tissue donation, expanded the definition of "near relative," and imposed stricter penalties for violations.
• Efforts to Improve Donation Rates: Despite the legal framework, organ donation rates in India remain low. Efforts are ongoing to improve these rates through better public awareness, streamlined processes, and enhanced support for donor families.

Eligibility for organ donation in India:

Organ donation in India is regulated by the Transplantation of Human Organs and Tissues Act of 1994, allowing everyone to donate organs, regardless of age, caste, religion, or community, though preferably people over 18 years of age are considered. However, the eligibility for donation is primarily determined by the donor’s physical condition, not age, encompassing contributions from both living and deceased donors, with specific guidelines for each type of donation.

Living Donors: Living donors are eligible to donate the following organs:
• One of their kidneys
• A portion of the pancreas
• Part of the liver
Living donors must be at least 18 years old, have no infectious diseases, active cancer, or severe infection.
Deceased Donors:

In this category there is an opportunity to donate six vital organs: kidneys, liver, heart, lungs, pancreas, and intestine. Consent from the family is very important for organ donation from a person declared legally dead. In India, brainstem death is recognized as a form of death, allowing for organ donation. Following natural cardiac death, organs like corneas, bones, skin, and blood vessels can be donated. In cases of brainstem death, approximately 37 different organs and tissues can be donated, including the aforementioned six life-saving organs.

How to register for organ donation in India:

The process of registering for organ donation in India is simple and straightforward. By completing an online pledge form by Organ India, one can initiate the procedure and receive a donor card with a unique government registration number from the National Organ and Tissue Transplant Organization. Here’s a step-by-step guide below:

• Online pledge form: Visit the Organ India website: www.organindia.com ->Click2get Pledge site and fill out the online pledge form to express your intent to be an organ donor. Upon completion, you will receive a donor card with a unique government registration number.
• National registration: All pledges made are registered with the National Organ and Tissue Transplant Organisation (NOTTO), ensuring that your intent to donate is officially recorded.
• Family consent: While registering as an organ donor is an important step, it is crucial to discuss your wish to donate with your family. In India, the next of kin holds the authority to decide on organ donation after your passing, even if you have pledged your organs.
• If you’re interested you can drop us a mail to coordinate with you or you can directly drop your mail to info@organindia.org or call at +91-11-41838382, or toll free no. 1800-300-28223.

Conclusion

The legal framework for organ donation in India, primarily governed by THOTA, aims to facilitate ethical organ donation and transplantation practices while preventing exploitation and organ trafficking. Continuous efforts to enhance public awareness, improve regulatory mechanisms, and streamline procedures are essential to increase organ donation rates and save more lives.