ORGAN TRANSPLANTS: WHY DELHI HC HAS PRESCRIBED 6-8-WEEK TIMELINE
- The Delhi High Court has recently set an ideal timeline of 6-8 weeks for completing the process of organ transplants from living donors.
The Judgement
- The court emphasized the need to avoid prolonged delays, which can cause mental and physical anguish for donors, recipients, and their families.
- The Ministry of Health and Family Welfare has been directed to ensure adherence to timelines specified in The Transplantation of Human Organs and Tissues Act, 1994 and Rules, 2014.
The Transplantation of Human Organs and Tissues Act, 1994
- The law governs the transplantation of human organs and tissues in India, including the donation of organs after death.
- It also lays down regulations governing healthcare providers and hospitals, and stipulates penalties for violations.
- It allows transplants from deceased persons' organs or living donors who are known to the recipient.
- Living donations from close relatives such as parents, siblings, children, spouses, grandparents, and grandchildren are generally allowed.
- Altruistic donations from distant relatives, in-laws, or long-time friends are allowed after additional scrutiny to ensure there is no financial exchange.
- Prohibits illegal practices related to organ transactions, with penalties up to 10 years of imprisonment and a fine of up to Rs 1 crore.
The Authorisation Committee
- The Authorisation Committee plays a critical role in the transplantation process.
- It oversees and approves transplant procedures involving donors and recipients who are not near relatives.
- Ensures ethical compliance and prevents illegal practices by conducting thorough inquiries, verifying donor-recipient authenticity and preventing commercial motives.
- Section 9(4)
- The composition of the Authorisation Committee shall be such as may be prescribed by the Central Government from time to time
- The state government and Union Territories shall constitute one or more Authorisation Committee consisting of such members as may be nominated by the State Government and the Union Territories
The 2014 Rules
- Rule 7 outlines the constitution of the Authorisation Committee and its evaluation process, emphasizing the prevention of commercial transactions.
- Rule 10 describes the application process for living donor transplantations, requiring joint applications by the donor and recipient.
- Rule 21 mandates personal interviews by the Committee to determine eligibility for donation.
Delhi High Court Case
- The court ruled on a case involving a retired Indian Air Force officer seeking approval for a renal (kidney) transplant.
- The petitioner's application was rejected due to non-availability of a "near relative" donor.
- Without the Committee’s prior approval, no human organ or tissue can be removed from a donor’s body before death and transplanted into a recipient unless the donor is a “near relative”.
- Despite the petitioner's passing, the court proceeded with the case, addressing delays in the Authorisation Committee's decision-making process.
Court Decision
- Emphasizes the need for fixed timelines in conducting interviews, processing forms, and decision-making by the Authorisation Committee.
- Recommends scheduling interviews within 2 weeks after 4-6 weeks of receiving the application.
- Advocates the entire process, from submission to decision, not exceeding 6 to 8 weeks.
- To avoid extended waiting periods and uphold the spirit of the 1994 Act and 2014 Rules.