T aligns with central Act to curb racket of organ donation | Hyderabad News
Hyderabad: In an important move to strengthen regulation and monitoring of organ transplantation in the state, the Telangana govt is all set to adopt the Transplantation of Human Organs (Amendment) Act 1994, as enacted by Parliament.
This decision comes on the heels of the recent Alakananda Hospital kidney transplant scandal and proposes stricter penalties for illegal organ transplants, including hefty fines and imprisonment, replacing the meagre current fine of Rs 10,000. It will also pave the way for flexible organ exchanges within families, making the process easier and effective, govt sources said.
After the Centre passed the Transplantation of Human Organs Act in 1994, the erstwhile state of Andhra Pradesh established its own legislation – Andhra Pradesh Transplantation of Human Organs Act, 1995. Following Telangana’s formation in 2014, the state continued to follow the same law, albeit with a mere name change to the Telangana Transplantation of Human Organs Act, 1995.
“The AP Act was simply being followed for all these years in Telangana with a name change and without being introduced in the assembly. This Act had limitations regarding strict measures against illegal activities and lax rules for organ swapping. Therefore, we are officially adopting the Central Act, which was amended in 2011 and 2014,” a govt source said.
Like many other states, Telangana had the option to adopt the Central Act or create its own. This situation mirrors the choice some states face with policies such as the National Education Policy, where some states opt in while others do not. By aligning with the central Act, Telangana aims to strengthen its regulatory framework and better address the complexities involved in organ transplantation, a senior official explained.
One of the key updates in the 2014 amendment to the central Act is the introduction of ‘family swapping’ among living organ donors. Under current Telangana regulations, only spouses, siblings, and children within the same family can act as living donors. However, the 2014 amendment allows for organ exchange between different families. Previously, if a family had an incompatible donor, they had no option but to wait for a cadaver organ, often leading to long delays.
The new provision allows a donor from one family, whose organ is incompatible with their relative, to donate to a recipient in another family, in exchange for a donor from the second family providing an organ to the original recipient. This system offers a more efficient solution, particularly for those with rare blood types or other incompatibilities.
Despite these regulations, many private hospitals have been found flouting them by allegedly conducting unregistered transplants and offering financial incentives for non-family members to act as donors. The Alakananda Hospital kidney racket, where unrelated donors were found to be providing kidneys in exchange for money, exposed significant loopholes in the system.
Sources said the new amendments aim to tighten controls, with the adoption of a more robust family swapping system. Gujarat, for example, has successfully implemented a structured family swapping system, where if a family is unable to find a matching donor, the donation can pass through a sequence of families until a match is found, ensuring that every family eventually receives an appropriate organ.
Additionally, current regulations in Telangana prevent younger grandparents from donating organs to their grandchildren, even though such donations could be viable, especially in families with early marriages. The new amendments aim to address this issue, allowing younger grandparents to donate organs to their grandchildren, and, in turn, potentially receive organs from them later in life.
The new amendments are expected to significantly ease the process of organ donation from living donors, address illegal practices, and improve the efficiency of organ exchange systems. It will also increase the responsibility of private hospitals in promoting cadaveric donations, contributing to the state’s common organ pool and ensuring that more lives can be saved, an official added.
This decision comes on the heels of the recent Alakananda Hospital kidney transplant scandal and proposes stricter penalties for illegal organ transplants, including hefty fines and imprisonment, replacing the meagre current fine of Rs 10,000. It will also pave the way for flexible organ exchanges within families, making the process easier and effective, govt sources said.
After the Centre passed the Transplantation of Human Organs Act in 1994, the erstwhile state of Andhra Pradesh established its own legislation – Andhra Pradesh Transplantation of Human Organs Act, 1995. Following Telangana’s formation in 2014, the state continued to follow the same law, albeit with a mere name change to the Telangana Transplantation of Human Organs Act, 1995.
“The AP Act was simply being followed for all these years in Telangana with a name change and without being introduced in the assembly. This Act had limitations regarding strict measures against illegal activities and lax rules for organ swapping. Therefore, we are officially adopting the Central Act, which was amended in 2011 and 2014,” a govt source said.
Like many other states, Telangana had the option to adopt the Central Act or create its own. This situation mirrors the choice some states face with policies such as the National Education Policy, where some states opt in while others do not. By aligning with the central Act, Telangana aims to strengthen its regulatory framework and better address the complexities involved in organ transplantation, a senior official explained.
One of the key updates in the 2014 amendment to the central Act is the introduction of ‘family swapping’ among living organ donors. Under current Telangana regulations, only spouses, siblings, and children within the same family can act as living donors. However, the 2014 amendment allows for organ exchange between different families. Previously, if a family had an incompatible donor, they had no option but to wait for a cadaver organ, often leading to long delays.
The new provision allows a donor from one family, whose organ is incompatible with their relative, to donate to a recipient in another family, in exchange for a donor from the second family providing an organ to the original recipient. This system offers a more efficient solution, particularly for those with rare blood types or other incompatibilities.
Despite these regulations, many private hospitals have been found flouting them by allegedly conducting unregistered transplants and offering financial incentives for non-family members to act as donors. The Alakananda Hospital kidney racket, where unrelated donors were found to be providing kidneys in exchange for money, exposed significant loopholes in the system.
Sources said the new amendments aim to tighten controls, with the adoption of a more robust family swapping system. Gujarat, for example, has successfully implemented a structured family swapping system, where if a family is unable to find a matching donor, the donation can pass through a sequence of families until a match is found, ensuring that every family eventually receives an appropriate organ.
Additionally, current regulations in Telangana prevent younger grandparents from donating organs to their grandchildren, even though such donations could be viable, especially in families with early marriages. The new amendments aim to address this issue, allowing younger grandparents to donate organs to their grandchildren, and, in turn, potentially receive organs from them later in life.
The new amendments are expected to significantly ease the process of organ donation from living donors, address illegal practices, and improve the efficiency of organ exchange systems. It will also increase the responsibility of private hospitals in promoting cadaveric donations, contributing to the state’s common organ pool and ensuring that more lives can be saved, an official added.
