Organ swap to be legal

New Delhi
Sept. 17: Finding that trade in human organs has thrived despite having a regulatory mechanism, the government on Thursday approved amendments to the Organ Transplantation Act-1994 to make the law stricter by enhancing jail term for wrongdoers from present five years to 10 years, along with a monetary fine of Rs 5 lakh from the current Rs 10,000.
The decision to approve amendments to the Act was taken at a meeting of the Union cabinet chaired by the Prime Minister, Dr Manmohan Singh.
Announcing the decision information and broadcasting minister Ms Ambika Soni said, “The Cabinet approved the proposals of the ministry of health and family welfare to amend the provisions of the Act and also for imposing stringent penalties on persons or hospitals violating the provisions.”
Among the proposed changes in the Act is one that will allow organ swapping, which is prohibited under the existing Act. “Two persons can give each others their different organs in case they agree to the swap,” the release added. To meet the high demand of organ, amendments also propose to expand the definition of “close relatives” for organ donation by including grandchildren. But minor will not be allowed to donate organs.
“An offence under the Act will attract a minimum imprisonment from existing five years to 10 years and the term ‘Rs 10,000’ shall be substituted by term ‘Rs five lakh’,” a Cabinet release said.
Among the proposed changes in the Act is one that will allow organ swapping, which is prohibited under the existing Act. “Two persons can give each others their different organs in case they agree to the swap,” the release added.
The minister said the decision had been taken, as despite putting in place a regulatory mechanism for transplantation of human organs, there has
been reports about “thriving” human organ trade in India and the consequential exploitation of economically weaker sections of society. The objective is to prevent commercial dealings and make the system “transparent and patient-friendly”, Ms Soni added.
The transplantation of the Human Organs Act was enacted by Parliament in 1994 and came in to force on February 4, 1995 in the State of Goa, Himachal Pradesh and Maharashtra.
It was later adopted by all states except Jammu and Kashmir, where the Central legislations have to be endorsed by the state Assembly.