The transplantation of an organ from one body to another is known as the organ transplant. The person who gives the organ is called the donor while the one who receives is called the recipient. Organ transplant is done to replace the recipient’s damaged organ with the working organ of the donor so that the recipient could function normally. The person who is donating the organ (donor) could either be a living or a deceased.
Organ Transplantation is a boon to medical industry as it has helped in saving the lives of those who would have died otherwise. There are various laws that are to be followed while conducting the organ transplant. Medical India Tourism offers to give you online information on Human Organ Transplant Laws in India, India.
Kidney, Liver, heart, lung, pancreas, small bowel and sometimes skin etc. are some of the organs that can be donated for an organ transplant.
Due to inefficient and corrupt healthcare system, illegal trafficking of organ is really high in India. To stop illegal organ transplant, Indian Government has come up with a 1994 law that criminalizes organ sales. The Human Organs Transplant Act, 1994 has laid down certain rules and regulations that are to be followed while conducting organ transplant.
Organ transplant law does not allow exchange of money between the donor and the recipient. According to the Act, the unrelated donor has to file an affidavit in the court of a magistrate stating that the organ is being donated out of affection. After which the donor has to undergo number of tests before the actual transplant takes place. The Authorization Committee set up for the purpose ensures that all the documents required under the act have been supplied.
If it is found that the money has been exchanged in the process then both the recipient as well as the donor are considered as prime offenders under the law.
According to the Indian law, organ sales are banned and therefore no foreigner can get a local donor. Human organ transplant laws are very strict in India and the penalty incurred for organ trade is also very high.
According to the Indian Law, close relatives of recipient like parents, children, brothers, sisters, spouse can donate the organ without government clearance. But all other relatives who wish to donate the organ need to appear before the authorization committee for clearance and only after its approval and clearance can get the organ transplanted. (This has been now amended)
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