Ministry of Health and Family Welfare
1: Act Background and Ministry Under Which This Act Is:
The Transplantation of Human Organs and Tissues Act, 1994, was enacted to regulate the removal, storage, and transplantation of human organs and tissues for therapeutic purposes and to prevent commercial dealings. This act aimed to establish a legal framework for organ donation and transplantation, addressing ethical concerns and ensuring safe medical practices. The act falls under the administrative purview of the Ministry of Health and Family Welfare, which is responsible for the oversight and implementation of regulations related to organ and tissue transplantation, ensuring ethical and safe practices. The ministry plays a crucial role in promoting organ donation and transplantation.
2: Enactment Date, Number of Chapters, Number of Sections:
The Transplantation of Human Organs and Tissues Act, 1994, was enacted on 8th July, 1994, and is known as Act No. 42 of 1994. The act is structured into seven chapters. It comprises 25 sections, covering various aspects such as definitions, authority for removal, regulation of hospitals, appropriate authority, registration of hospitals, offenses and penalties, and miscellaneous provisions. The act also includes a schedule listing diseases and conditions for which advertising is restricted. The act has been amended to reflect changes in medical practices.
3: Act Governed By:
The Transplantation of Human Organs and Tissues Act is governed by the Central Government, which has the power to make rules and regulations under the Act. The act also provides for the appointment of Appropriate Authorities at the central and state levels to oversee the implementation of the act. The act is governed by the provisions outlined within it, as well as rules and regulations framed by the Central government. It is therefore a combination of central and state oversight.
4: On Whom It Is Applicable:
The provisions of the Transplantation of Human Organs and Tissues Act are applicable to all individuals and entities involved in organ and tissue donation and transplantation in India. This includes donors, recipients, registered medical practitioners, hospitals, tissue banks, and any person involved in the removal, storage, or transplantation of human organs and tissues. The act is intended to protect the rights of donors and recipients and prevent commercial exploitation.
5: Penalties/Punishments:
The act prescribes penalties for various offenses, including:
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Unauthorized Removal of Organs: Removal of human organs without authority can lead to imprisonment and fines.
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Commercial Dealings: Commercial dealings in human organs and tissues are punishable with imprisonment and fines.
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Illegal Dealings in Tissues: Illegal dealings in human tissues are punishable with imprisonment and fines.
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Contravention of Other Provisions: Contravention of any other provisions of the act can lead to imprisonment and fines. The act’s emphasis is on ethical practices and preventing illegal activities.
6: Important Pointers:
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Authorization for Removal: The act outlines the conditions under which human organs and tissues can be removed.
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Brain-Stem Death: It defines “brain-stem death” as a criterion for organ removal.
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Appropriate Authority: It provides for the appointment of Appropriate Authorities to oversee the implementation of the act.
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Registration of Hospitals and Tissue Banks: It mandates the registration of hospitals and tissue banks involved in transplantation.
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Prohibition of Commercial Dealings: It prohibits commercial dealings in human organs and tissues.
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Protection of Privacy: It ensures the protection of the privacy of donors and recipients.
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Rules and Regulations: It empowers the Central Government to make rules and regulations for carrying out the purposes of the act.
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National Registry: It provides for the establishment of a national registry of donors and recipients. The act provides a comprehensive framework for ethical organ donation and transplantation.
7: Act Copy: