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Delivering the valedictory address on National Policy Dialogue on Transplantation of Human Organs Act, 1994 at the Rajiv Gandhi Foundation here today, Union Minister for Health & Family Welfare, Dr. Anbumani Ramadoss said, “The Transplantation of Human Organs Act, 1994 was a very progressive step in this direction. It set the standards of a hospital, which could perform organ transplants. It defined a legal donor. It set up monitoring agencies in Authorization Committees and Appropriate Authorities. It paved the way for cadaver donation in case of brain-stem death and presumed consent. And, finally, it provided for strict penal provisions of imprisonment up to 7 years for offences under the Act. The Act was basically made to control illegal transplant. Hence, very detailed rules and guidelines were prescribed to establish relationship of a donor. We need to look into those Rules as to whether they have been more a hindrance than a necessary precaution.”
The Union Minister sharing the anguish of the medical fraternity about the medico legal hazards involved in the whole issue, he said that the Ministry of Health & Family Welfare established a Committee consisting of renowned experts to go into all the aspects of the Transplantation of Human Organs Act, 1994 and suggest to measures to make it more effective, transparent and progressive. He further instructed all the States that every Authorization Committee must have two representatives of the State government, nominated by the Health Secretary and the Director of Health Services. This will be very effective in checking cases of unrelated donors.
He added that it is recognized by the Government that the long-term solution to this complex problem is to promote cadaver transplant in a massive way. Organ banks have to come up for optimum utilization of human organs. He felt that a beginning has already been made by the government by setting up the Organ Retrieval Banking Organisation at the All India Institute of Medical Sciences, New Delhi. The ORBO is coordinating with about 15 hospitals in the city for procurement and distribution of human organs. It also maintains the wait-list of terminally ill patients requiring transplants.
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