Organ donation laws

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WHAT IS ORGAN DONATION?
Organ donation is the process of removing
tissues or organs from a live, or recently dead,
person to be transplanted in another.
The requirement for new organs usually arises when a
person loses an organ to some accident or stops
functioning. Thus, it is important to know about this.
500,000 people die because of non-availability of organs
200,000 people die of liver disease
50,000 people die from heart disease
150,000 people await a kidney transplant but only 5,000 get one
1,000,000 lakh people suffer from corneal blindness and await
transplant.

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HUMAN BODY CAN DONATE –
1. EYES/CORNEAS
2. LUNGS
3. HEART/HEART VALVES
4. LIVER
5. PANCREAS
6. BONE
7. VEINS
8. KIDNEYS
9. SMALL INTESTINE
10. FASCIA
11. SKIN
12. CARTILAGE

In organ donation, a person pledges during her/his lifetime, that after death, certain (or all) organs
from the body can be used for transplantation to help terminally ill patients get a new lease of life.
There are 2 types of the same –
A. LIVING DONATION: Living donation takes place when a living person donates an
organ (or part of an organ) for transplantation to another person. The living donor can be
a family member, such as a parent, child, brother or sister, grandparent or grandchild
(living related donation). It can also come from someone who is emotionally related to
the recipient, such as a good friend, a relative, a neighbour or an in-law (living unrelated
donation).
B. DECEASED CADAVER DONATION: The patient has to register in a hospital that
does transplants. The patient will be put on a wait list. As and when the organ from an
appropriate deceased donor (brain death) is available, the patient will be intimated.
Brain death is the irreversible and permanent cessation of all brain functions. In situations
of brain death, a person cannot sustain his own life, but vital body functions may be
maintained in an ‘intensive care unit’ for a short period of time. Such persons are kept on
artificial support to maintain oxygenation of organs so that the organs are in a healthy
condition until they are removed. Organs of such patients can be transplanted to
terminally ill patients.
Brain death is NOT coma. Coma is a state of deep unconsciousness, where the brain continues
to function. Thus, If there is activity in the brain, the person will not be declared brain dead.
TYPES OF ORGAN DONATION

ORGAN DONATIONS ARE LEGAL BY INDIAN LAW.
The Indian Government enacted the Transplantation of Human Organs Act (THOA), 1994,
which allows organ donation, and legalized the concept of ‘brain death’. An act to provide for
the regulation of removal, storage and transplantation of human organs for therapeutic
purposes and for the prevention of commercial dealings in human organs and for matters
connected therewith or incidental thereto.
Despite a regulatory framework, cases of commercial dealings in human organs were reported
in the media. In 2004, the Delhi High Court issued orders to constitute a committee to review
the efficacy, relevance and impact of the legal provisions contained in the 1994 Act. Taking into
consideration this report and the Draft Guiding Principles of Organ Transplantation of the
World Health Organisation, the Transplantation of Human Organs (Amendment) Bill, 2009
was introduced. Some of the changes introduced are -
 In addition to human organs, the Bill seeks
to regulate transplantation of tissues of
the human body.
 The Act permits donations from living
persons who are near relatives. The Bill
expands the definition of “near relative”
to include grandparents and grandchildren
in addition to parents, children, brother,
sister and spouse.
 The doctor in an Intensive Care Unit has to
inform the patient or relatives of patient
about the option of organ donation and
ascertain whether they would consent to
the donation.
 A pair of donor and recipient who are near
relatives but whose organs do not
medically match for transplantation are
permitted by the Bill to swap organs with
another pair of such persons.
 The Bill enhances the penalty for
unauthorised removal of human organs
and for receiving or making payment for
human organs.
 The Bill seeks to strengthen provisions to
curb commercial trade in human organs .
 Both the donor and recipient shall be
penalised if convicted of commercial trade
in human organs. Penalising donors who
may be forced to sell organs due to
financial need may deter them from
complaining against commercial trade.
 Organ donation from a person who is not a
“near relative” requires permission of the
State Authorisation Committee.
 The Bill provides for establishment of
Advisory Committees.
 Increases penalty to imprisonment for 5-
10 years and a fine between Rs 5 and 20
lakh.
 Adds offence of abetting in submission of
false documents to prove that donor is a
near relative or donating for affection.

In India, the availability of medical transplants is lower than the
requirement. For example, an estimated 1.5 lakh people are diagnosed
with kidney failure every year while about 2,000 to 4,000 transplants are
carried out every year .Also, most donations occur in a few states such as
Tamil Nadu, Andhra Pradesh, Gujarat, Maharashtra and Delhi.
SHATTERING THE MISCONCEPTIONS
RELATED TO ORGAN DONATION

WHY ORGAN DONATIONS STILL A TABOO IN INDIA?
Here are a few facts to clear up common misconceptions:
MYTH/MISCONCEPTION FACT
ORGAN DONATION DISFIGURES
THE DECEASED DONOR’S BODY.
There is a single incision made through which
organs are retrieved and it is ensure that the
body is handed back to the family in the most
respectful of manner.
THE DONOR’S FAMILY HAVE TO
BEAR ANY EXPENSES FOR
ORGAN OR TISSUE DONATION.
All costs pertaining to the organ transplant
surgery will be handled by the recipient’s
family or the organ transplant program.
I AM TOO YOUNG TO HAVE TO
THINK ABOUT ORGAN
DONATION
Suitable organ donors are mostly patients who
die suddenly in accidents or from acute
illnesses. If the wish of these victims to donate
organs after death has not been recorded or
made known to family members beforehand, it
will be difficult for their wish to be realized
after death. Thus, it is never too young to
consider organ donation.
THE TRANSPLANT OF AN
ORGAN FROM ONE BODY TO
ANOTHER MAY NOT BE
ACCEPTABLE ACCORDION TO
MY RELIGIOUS BELIEF.
Most religion encourage sharing and giving.In
fact, religions such as Buddism,
Taoism,Catholicism ,Hinduism and Christianity
all support the spirit of organ donation as an
act of benevolence and merit.
I AM WORRIED THAT ALL MY
ORGANS WILL BE TAKEN AWAY
EVEN IF I WISH TO DONATE ONE
OF THEM.
You may specify in the Computerized Online
Organ Donation Registration or on donation
card which organs/tissues you wish to donate.
In addition,consent needs to be obtained from

your family with respect to the organ/tissue to
be removed for transplant purpose.
I HAVE A HISTORY OF MEDICAL
ILLNESS. YOU WOULD NOT
WANT MY ORGANS OR TISSUES.
At the time of death,the team that coordinates
donation will review medical and social
histories to determine donor suitability on a
case-by-case basis. Many diseases that were
once considered to exclude organ donation are
no longer considered a barrier eg.diabetes.
EYES CAN BE DONATED EVEN BY
A LIVE PERSON.
Eyes can only be pledged by a live person. Eyes
can be donated only after death.
RICH AND FAMOUS PEOPLE GET
MOVED ON THE TOP OF
WAITING LIST, WHILE 'REGULAR
'PEOPLE HAVE TO WAIT A LONG
TIME FOR A TRANSPLANT.
The organ allocation and distribution system is
blind to name,celebrity or social status or
wealth." When you are on transplant waiting
list for a donor organ,what really counts is the
severity of your illness,time spent waiting
,blood type,and other medical information ."
While many cases of celebrities receiving
transplants are reported by the
media,celebrities have to wait in line just like
everyone. It is often forgotten that some
celebrities have died waiting in line for a
transplant.

 To be an organ donor, it is important to register by signing up for Organ
Donation.
 One needs to fill a prescribed consent form, which can either be downloaded
from National Organ and Tissue Transplant Organization (NOTTO) website or
accessed from the medical facility that is approached for organ removal.
 In case of deceased donation, a written consent form from the lawful
custodian of the body after the death
of the patient is required in a
prescribed application form.
To pledge your organ, you can
register at the NGOs mentioned
below.
1. Mohan Foundation:
http://mohanfoundation.org/
2. Shatayu:
http://shatayu.org.in/
3. Gift Your organ:
http://giftyourorgan.org/
4. Gift a Life:
http://giftalife.org//
For any queries regarding organ
donation, you may also call –
1800 4193737 (Toll free by
MOHAN Foundation)

WE AS LAW STUDENTS CAN SPREAD AWARENESS ABOUT THE
IMPORTANCE OF ORGAN DONATION AND UNDERSTANDING ITS LEGAL
ASPECTS BREAK ALL THE MYTHS AND THE MISCONCEPTIONS THAT
SURROUND AROUND THIS TOPIC.
WITH THE HELP OF THIS RESEARCH, I HAVE AIMED TO BRING IN A
BRACKET THE WHOLE BACKGROUND AND PROCESS OF ORGAN
DONATION, AS TO WHY EVEN RECOGNISED BY LAW IT IS STILL AT SUCH
A LOW.
ALSO, WHAT WE WILL BE PROPOSING HERE IN INDORE WILL BE
AVAILABLITY OF ALL THE ORGAN DONATION FORMS AT PUBLIC PLACES
LIKE THE RTO, POLICE STATIONS, MALLS, REGIONAL GARDENS WHERE
THERE IS A LARGE FOOTFALL OF PEOPLE. WHERE THEY CAN READ AND
GET AWARE AND EVEN FILL FORMS,
ADDING TO THIS, THE AIM IS TO SHARE THE LINK OF THE ABOVE-
MENTIONED NGO’S AND THEIR WORK TO THE GREATEST EXTENT.
JUST PROMISING TO DO THIS ACT, SINCE WE NEVER KNOW WHEN ONE
OF OUR CLOSED-ONES WILL BE IN NEED OF AN ORGAN. IT’S NOT LATE,
WE CAN TOGETHER BRING ORGAN DONATION IN THE DAILY TALKS OF
OUR CITIZENS.
I’LL REQUEST ALL THE PEOPLE READING THIS TO THINK MORE ABOUT
THIS AND WORK UPON THE SAME AS TO ENSURE THIS THOUGHT
REACHES THE PUBLIC, WE NEVER KNOW WHEN A KIDNEY FROM
MAHARASHTRA IS SAVING A LIFE IN TAMIL NADU!

NATIONAL ORGAN AND TISSUE TRANSPLANT ORGANIZATION (NOTTO) IS A NATIONAL
LEVEL ORGANIZATION SET UP UNDER DIRECTORATE GENERAL OF HEALTH SERVICES,
MINISTRY OF HEALTH AND FAMILY WELFARE, LOCATED IN NEW DELHI.
IT COORDINATES AND ESTABLISHES A NETWORK FOR PROCUREMENT AND DISTRIBUTION OF
ORGANS AND TISSUES AS PER THE TRANSPLANTATION OF HUMAN ORGANS (AMENDMENT)
ACT 2011.
GREEN CORRIDORS
A green corridor is a
demarcated, cleared
out special road
route created for an
ambulance that
enables retrieved
organs meant for
transplant to reach
the destined
hospital.

Green corridors require a concentrated effort from transplant
coordinators, local police, traffic police and airport staff. Awareness of
the general public towards green corridors is also important.
Procedure: When a patient is declared brain dead and his family
consents to organ donation, the availability of a recipient is first
checked within the city, state, region and then nationally.
Need: Organs have a short preservation time, and green corridors
ensure the ambulance escapes traffic congestion and reaches the
destination in the shortest possible time.
REFERENCES :
http://organdonationindore.org/index.php?page=legal-aspects
https://www.organindia.org/about-us/donor-pledges/

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