NEW DELHI - Doctors and touts involved in illegal organ transplantation will be put behind bars for 10 years, Health Minister Ghulam Nabi Azad said Thursday soon after the union cabinet approved his ministry’s proposal to amend the Transplantation of Human Organs Act.
There were lot of flaws in the act. There was a need for amendment. We are happy that the cabinet has approved the proposal, Azad said said while unveiling his ministry’s achievement in the last 100 days.
After amendment, it will become both patient friendly and stringent. Ten years of imprisonment will be handed over to doctors and touts involved in illegal organ transplantation, the minister added.
Under the current provisions of the act, the maximum punishment is not more than five years.
Azad said earlier the act was only related to organs but after amendment it will take into account transplantation of tissues, bones and skin. Now grandfather and grandchildren are included in the scope of donor and recipient, he said explaining the positive changes the 15-year-old act will undergo.
Earlier in the day, the cabinet gave its nod for an amendment to the law which parliament passed in 1994.
In order to make the organs transplantation more transparent and patient friendly, the cabinet has 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/hospitals violating the provisions of the act, Information and Broadcasting Minister Ambika Soni said after the cabinet meet.
Parliament in 1994 passed the law, which came into force Feb 4, 1995, in the states of Goa, Himachal Pradesh and Maharashtra and all the union territories. Thereafter, it was adopted by all states except the states of Andhra Pradesh and Jammu and Kashmir which have their own laws to regulate transplantation of human organs.
The main purpose of the Act is to regulate the removal, storage and transplantation of human organs for therapeutic purposes and to prevent commercial dealings in human organs, the minister said.
Despite having put into place a regulatory mechanism for transplantation of human organs, there have been a spate of reports in the print and electronic media about a thriving human organ trade in India and the consequential exploitation of economically weaker sections of the society, Soni elaborated.
There has, therefore, been an increasing perception in civil society that while the act has not been effective in curbing commercial transactions in organ transplant, it has thwarted genuine cases due to the complicated and long drawn process involving organ donation, she added.
Talking about the foreign and non-resident Indians (NRI) who come to India for transplantation, Azad said earlier they used to get hold of any one and said that he or she was a family member.
But after amendment, a committee will be set up to verify whether he or she is really a family member or not.
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