Organ transplantation Act passed in House in sync with Central law

Hyderabad: The Telangana Assembly on Thursday unanimously passed the Transplantation of Human Organs Act to align with the Central law, which will now enable the grandparents to donate organs to their grandchildren. Illegal transplantations would lead to a penalty of Rs 1 crore and three years of imprisonment.

Presenting the Bill in the Assembly, the Health Minister C Damodar Raja Narsimha said that the Union Government made a law in 1994 regarding organ donation. (Transplantation of Human Organs Act (Central Act 42), 1994 and Rules, 1995 (THOA)). The Central Government amended the THOA made in 1994 in 2011 and this is called the THOTA. Apart from organ transplantation, the THOTA also allows the transplantation of tissues. The Minister said that the THOTA and the rules made under that Act in 2014 were in force in 24 states of the country. Now the Telangana government is adopting the Act and Rules of Tova-1991 (Tota-2011). In addition to organs like heart, kidney, liver, skin, bone marrow, blood vessels, heart valves etc. will also come under the ambit of the Act. These can be collected from brain dead donors and transplanted to those in need.

The Minister said that the Act allows grandparents to donate organs to their grandchildren. Due to certain genetic disorders, children who have to undergo liver transplant will have the opportunity to use their grandparents’ liver. This will be useful in saving the lives of the children. Similarly, grandchildren can also donate organs to their grandparents. New rules will come into force to strictly punish everyone involved in illegal trafficking and illegal transplantation of organs.

The Minister informed that when an organ transplant is done in violation of the law, a fine of Rs 5,000 and a jail term of up to 3 years could be imposed. With the new rules, a penalty of up to Rs 1 crore and a jail term of up to 10 years can be imposed. According to the 1995 rules, only neurosurgeons and neurophysicians have the authority to declare brain death. Now, physician, surgeon, intensivist, and anaesthetist will also be eligible to declare brain death. This will help save the lives of patients who need it, instead of wasting organs in brain death cases. An advisory committee will be formed at the government level to monitor organ donation and transplantation. Jeevan Daan will be linked with the organ transplant systems (SOTTO) of the Centre and other states, he said. Organs collected from brain dead donors in other states will be able to be transplanted into patients in our state.

“The organ, tissue collection centres and storage centres will be established to promote organ donation. Transparency will increase and medical tourism will be strengthened. We will take all steps on behalf of the government to promote organ donation. We will discuss with the Chief Minister and formulate the necessary policy to support the families of organ donors,” said Raja Narsimha.

The opposition members also welcomed the Act and suggested the government to provide some benefit to the families of the donors. They also wanted the government to ensure illegal rackets are curbed.