Chapter: 6.1 Important provisions of the Transplantation of Human Organs

Important provisions of the Act

A] Any donor may, in such manner and subject to such conditions as may be prescribed, authorize the removal, before his death, of any human organ of his body. It has been strictly mentioned that removal of any human organ is permitted for therapeutic purposes only and not otherwise. It has also been clarified that removal shall be made only by a registered medical practitioner.
B] In case such removal has been authorized prior to death, then the person in possession of the dead body can extend all faculties for the removal, for therapeutic purposes, of that human organ from the dead body of the donor. Even in case where no such authority has been granted, if no objection has been raised by near relative for removal of organ for therapeutic purposes, then also person in possession of the dead body can extend all facilities for the removal by registered medical practitioner.
C] The Registered Medical Practitioner before removing the organ has to ensure that he has personally examined the body and that life is extinct in such body or, where it appears to be a case of brain-stem death, that such death has been so certified by a Board of medical experts.
D] However, no such removal should be conducted, if the person required to grant such facilities, or empowered to give such authority, has-reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law or if the dead body has been entrusted only for the purpose of interment, cremation or other disposal.
E] In the case of a dead body lying in a hospital or prison and not claimed by any of the near relatives within forty-eight hours from the time of the death, the authority for the removal may be given, by the person in charge of such institution. However, if there is possibility 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 then such authority should be withheld.
F] If a body has been sent for postmortem examination the person competent under this Act to give authority for the removal of any human organ from such dead body may, authorize the removal, for therapeutic purposes, provided he is satisfied that the deceased person had not raised any objection to removal of any of his organs being used, for therapeutic purposes after his death or in case such express authority was granted and is subsisting.
G] The Act categorically states that human organ removed from the body of a donor before his death shall be transplanted into a recipient only in the case that the donor is a near relative of the recipient. If recipient is not near relative then in such case removal and transplantation can only be done with the prior approval of the Authorization Committee. In such case the Authorization Committee shall hold an inquiry and ensuring compliance of the provisions, grant permission thereof. In case of non compliance, then such permission can be refused. However in case of removal after death the human organ may be transplanted into the body of any recipient who may be in need of such human organ.
H] It is importantly made mandatory that a registered medical practitioner undertaking removal or transplantation of any human organ should explain, all possible effects, complications and hazards connected with the removal and transplantation to the donor and the recipient respectively.
I] It is also made mandatory that any hospital which is associated in any manner with the removal, storage or transplantation of any human organ shall conduct such activity unless it is registered under the provisions of the Act.