New Delhi: Realising that human organ
trade has been thriving despite a regulatory mechanism in
place, government on Thursday approved amendments to the Organ
Transplantation Act to provide for stringent punishment to
those indulging in such a practice.
The amendments to the Transplantation of Human Organs
Act, 1994 were approved in view of the illegal trade,
particularly in kidneys, which often involves exploitation of
poor people by some clinicians, managers of clinical centres,
middlemen and others.
"The Cabinet approved the proposals of the Ministry of
Health and Family Welfare to amend the provisions of the Act
and also for imposing stringent penalties on persons or
hospitals violating the provisions," Union Information and
Broadcasting Minister Ambika Soni told reporters here.
She said the decision had been taken as despite putting
in place a regulatory mechanism for transplantation of human
organs, there have been reports about "thriving" human organ
trade in India and the consequential exploitation of
economically weaker sections of society.
The objective is to prevent commercial dealings and
make the system "transparent and patient-friendly", Soni said
after the meeting chaired by Prime Minister Manmohan Singh.
There has been an increasing perception in civil
society that while the Act has not been effective in curbing
commercial transactions in organ transplant, it has thwarted
genuine cases due to the complicated and long drawn process
involving organ donation, she said.
The transplantation of the Human Organs Act was enacted
by Parliament in 1994 and came in to force on February 4, 1995
in the State of Goa, Himachal Pradesh and Maharashtra.
It was adopted by all states except Jammu and Kashmir,
where the Central legislations have to be endorsed by the
state assembly.
The organ transplant has been under a cloud of
suspicion for long with even the National Human Rights
Commission voicing concern over it.
In 2004, the then NHRC Chairman Justice (retd) A S
Anand had written a letter to then Prime Minister Atal Bihari
Vajpayee, saying "the practice of `organ purchase` has
acquired the dubious dimensions of `organ trade` with touts
operating as middlemen, and creation of allegedly false
records of a compassionate donation."
He had said that the "illegal trade in human organs is
unethical and is a serious violation of human rights" and
emphasised the need for corrective steps.
Subsequently, a committee had been set up on the
directions of the Delhi High Court to review the Act and it
submitted its report four years back.
Bureau Report
