An organ transplantation is the transplantation of a whole or partial organ from one body to another,(removal human organs) for the purpose of replacing the recipient’s damaged or failing organ with a working one from the donor. Organ donors can be living, or cadaveric (dead).
Authority for Removal of Human Organs
- Any donor may, in such manner and subject to such conditions as may be prescribed, authorise the removal, before his death, of any human organ of his body for therapeutic purposes.
- If any donor had, in writing and in the presence of two or more witnesses (at least one of whom is a near relative of such person), unequivocally authorized at any time before his death, the removal of any human organ of his body, after his death, for therapeutic purposes, the person lawfully in possession of the dead body of the donor shall, unless he has any reason to believe that the donor had subsequently revoked the authority aforesaid, grant to a registered medical practitioner all reasonable facilities for the removal, for therapeutic purposes, of that human organ from the dead body of the donor.
- Where no such authority was made by any person before his death but no objection was also expressed by such person to any of his human organs being used after his death for therapeutic purposes, the person lawfully in possession of the dead body of such person may, unless he has reason to believe that any near relative of the deceased person has objection to any of the deceased person’s human organs being used for therapeutic purposes, authorise the removal of any human organ of the deceased person for its use for therapeutic purposes.
- The authority given shall be sufficient warrant for the removal, for therapeutic purposes, of the human organ; but no such removal shall be made by any person other than the registered medical practitioner.
- Where any human organ is to be removed from the body of a deceased person, the registered medical practitioner shall satisfy himself, before such removal, by a personal examination of the body from which any human organ is to be removed, that life is extinct in such body or, where it appears to be a case of brain-stem death.
- Where any human organ is to be removed from the body of a person in the event of his brain-stem death, no such removal shall be undertaken unless such death; is certified, in such form and in such manner and on satisfaction of such conditions and requirements as may be prescribed, by a Board of medical experts consisting of the following, namely:
- Registered medical practitioner, in charge of the hospital in which brain-stem death has occurred.
- An independent registered medical practitioner, being a specialist, to be nominated by the registered medical practitioner
- Neurologist or Neurosurgeon to be nominated by the registered medical practitioner
- Registered medical practitioner treating the person whose brain-stem death has occurred.
- Notwithstanding anything where brain-stem death of any person, less than eighteen years of age any of the parents of the deceased person may give authority, in such form and in such manner as may be prescribed, for the removal of any human organ from the body of the deceased person.
Authority for Removal of Human Organs
In the case of unclaimed bodies in hospital or prison
- In the case of a dead body lying in a hospital or prison and not claimed by any of the near relatives of the deceased person within forty-eight hours from the time of the death of the concerned person, the authority for the removal of any human organ from the dead body which so remains unclaimed may be given, in the prescribed form, by the person in-charge, for the time being, of the management or control of the hospital or prison, or by an employee of such hospital or prison authorized in this behalf by the person in-charge of the management or control thereof.
- No authority shall be given if the person empowered to give such authority has reason to believe that any near relative of the deceased person is likely to claim the dead body even though such near relative has not come forward to claim the body of the deceased person within the time.
For bodies sent for post-mortem examination
Where the body of a person has been sent for post-mortem examination –For medico-legal purposes by reason of the death of such person having been caused by accident or any other unnatural cause; or (b) For pathological purposes, the person competent under this Act to give authority for the removal human organs from such dead body may, if he has reason to believe that such human organ will not be required for the purpose for which such body has been sent for post-mortem examination, authorise the removal human organs, for therapeutic purposes, of that human organ of the deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection to any of his human organs being used, for therapeutic purposes after his death or, where he had granted an authority for the use of any of his human organs for therapeutic purposes after his death, such authority had not been revoked by him before his death.
Preservation of human organs
After the removal of any human organ from the body of any person, the registered medical practitioner shall take such steps for the preservation of the human organ so removed as may be prescribed.
Restrictions on removal human organs and transplantation of human organs.
- No human organ removal from the body of a donor before his death shall be transplanted into a recipient unless the donor is a near relative of the recipient.
- Where any donor authorities the removal of any of his human organs after his death or any person competent or empowered to give authority for the removal of any human organ from the body of any deceased person authorizes such removal, the human organ may be removed and transplanted into the body of any recipient who may be in need of such human organ.
- If any donor authorizes the removal human organs before his death into the body of such recipient, not being a near relative, as is specified by the donor by reason of affection or attachment towards the recipient or for any other special reasons, such human organ shall not be removed and transplanted without the prior approval of the Authorization Committee.
- The Central Government shall constitute, by notification, one or more Authorization Committee consisting of such members as may be nominated by the Central Government on such terms and conditions as may be specified in the notification for each of the Union territories for the purposes.
- The State Government shall constitute, by notification, one or more Authorization Committees consisting of such members as may be nominated by the State Government.
- On an application jointly made, in such form and in such manner as may be prescribed, by the donor and the recipient, the Authorisation Committee shall, after holding an inquiry and after satisfying itself that the applicants have complied with all the requirements of this Act and the rules made there under, grant to the applicants approval for the removal human organs and transplantation of the human organ.
- If, after the inquiry and after giving an opportunity to the applicants of being heard, the Authorisation Committee is satisfied that the applicants have not complied with the requirements of this Act and the rules made there under, it shall, for reasons to be recorded in writing, reject the application for approval.