Organ donation governing rules

The Government of India has ordered a probe into the findings of an investigation by a newspaper, alleging that poor Myanmarese villagers were being lured into giving their kidneys to rich patients from that country, with the involvement of Delhi based hospital.

Key points

  • A transplant can be either from a pool of organs of deceased persons donated by their relatives, or from a living person the recipient knows.
  • The Transplantation of Human Organs and Tissues Act, 1994 allows living donations, in most cases, from close relatives such as parents, siblings, children, spouse, grandparents, grandchildren.
  • Altruistic donations from distant relatives, in-laws, or long-time friends are allowed after additional scrutiny to ensure there is no financial exchange.
  • Organ donations and transplants in exchange for money are forbidden in India in order to protect poor and vulnerable donors from potential exploitation.
  • For donations from unrelated persons, documents and photographic evidence showing their long-term association or friendship have to be submitted along with all other documents.
  • Offering to pay for organs or to supply organs for payment, initiating/ negotiating/ advertising for such an arrangement, looking for a person to supply organs, and abetting in preparing false documents is punishable by jail up to 10 years and a fine of up to Rs 1 crore.

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