Human Organ Transplant Act

Indian parliament in July 1994 formulated HOTA to regulate transplant activities in India. This was necessitated by acts of selling and buying organs prevalent at the time and which had brought Indian medical system into disrepute all over the world.

This act immediately came into force in Goa, Himachal Pradesh, Maharashtra and Union Territories. This had to be ratified by various states before it could be applied to the rest of the country. Some of these states took a very long time before the act was applied.

In 2014, the act has been almost totally revised. The main aim of the act is to regulate all transplant activities, provide stringent punishment to offenders indulging in organ sales and traffic, clarify the confusing points in previous act and add grandparents to the list of near relatives. It also enhanced punishment to the offenders. This act also sought to encourage cadaver donation by various means.

This law further clarified the duties of Incharge in ICUs and made it mandatory for them to apply provisions of brain death and ask relatives if they are willing for cadaver donation in case a person had not prior to his death pledged to donate his organs.

This act also included nonmedical people (from police, judiciary, teaching professions etc) to become members of the authorizing committees. These committees decide whether a willing donor in case of living donor can donate his organs. These committees are also tasked with ascertaining financial position of the donors, motivation for donating an organ and seeing that organs are not sold or bought for transplant purposes. The committees also satisfy themselves in case of spouses that the donation is voluntary and without pressure.

The act provides for periodic review of the hospitals allowed to carry out transplant activity and publish their results of transplants undertaken by these. Various states have started their websites to regulate organ allocation and maintain a list of patients awaiting organ transplant.

The success of the act will depend on how meticulously and honestly the spirit of the act influences the transplant activity in the country.

Leave a Reply

Your email address will not be published.