Tackling Illegal Organ Transplant

The current laws are strong enough to curb the practice but its implementation is far from satisfactory.

- Dr Suresh Raghavaiah

Organ transplantation has been recognised as an effective therapy for patients with organ failure. However, the number of patients suffering from vital organ failure keeps increasing every year. For example, In India alone, according to the available statistics, more than 2,00,000 are suffering from kidney failure and are in need of kidney transplant. Unfortunately, out of which only 6,000 transplants are performed. These numbers clearly display the disparity in the number of organs required versus the number of organs available for transplant. This shortage of organs had led to large-scale organ trafficking in the past and brought the illegal organ trade in India to international focus.

The Transplantation of Human Organs act (THOA)(1994) and its subsequent amendments were passed in order to regulate organ transplant and one of the main focus of the act was to define “who could donate”.

Although initially only first degree relatives could be a potential donor, subsequent amendments allowed for second-degree relatives (grandparents, aunts, uncles and cousins) to be included as potential a donors. It also allows the donor who is not related to the potential recipient to donate if it can be proven that it is being “done by reason of affection or attachment towards the recipient”. The donation can only proceed after approval from the “Appropriate Authority” which will include participants from both the hospital and the state.