The Minister for Health & Family Welfare, Dr. Anbumani Ramadoss informed that changes are intended to facilitate genuine cases, increase transparency in transplantation procedures and to provide deterrent penalties for violation of the law.

The Hon’ble High Court of Delhi in CWP No. 813/2004 vide its order dated 06.09.2004 had set up a Committee to examine the provisions of Transplantation of Human Organs Act, 1994, and the Transplantation of Human Organs Rules, 1995.  The report was submitted on 25.05.2005.  A National Consultation was held on 18.05.2007 and the report was submitted in the second fortnight of August 2007.  The recommended changes required amendments in the Transplantation of Human Organs Act, 1994 and the Rules framed there under.  These changes are intended to facilitate genuine cases, increase transparency in transplantation procedures and to provide deterrent penalties for violation of the law.

In so far as the Act is concerned, the following amendments have been proposed:

  1. To empower Union Territories, specially Government of NCT of Delhi to have their own appropriate authority instead of DGHS and / or Additional DG (Hospitals).
  2. To make the punishments under the Act harsh and cognizable for the illegal transplantation activities to deter the offenders from committing this crime.
  3. To provide for registration of the centres for removal of organs from the cadavers and brain stem dead patients for harvesting of organs instead of registration of centres for transplantations only.
  4. To allow swap operations between the related donor and recipients who do not match themselves but match with other similar donors / recipients.

Sale / purchase of human organs is already prohibited under Transplantation of Human Organs Act, 1994.  Appropriate authorities established under this Act are responsible and empowered to check the illegal activities of human organs trafficking.

A Clinical Establishments (Registration and Regulation) Bill 2007 has been introduced in Lok Sabha on 30.08.2007.  The Bill seeks to provide for registration and regulation of clinical establishments in the country.  National Council for clinical establishments has been set up to determine the standards for clinical establishments, classify the clinical establishment into different categories, develop minimum standards and their periodic review, compile, maintain and update a national register of clinical establishments, perform any other function determined by the Central Government, from time to time.