The Transplantation of Human Organs and Tissues Act, 1994 | |
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Parliament of India | |
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Citation | Transplantation of Human Organs and Tissues Act, 1994 |
Enacted by | Parliament of India |
Enacted | 8 July 1994 |
Commenced | 4 February 1995 |
Introduced by | Ministry of Health and Family Welfare |
Status: In force |
The Transplantation of Human Organs and Tissues Act, 1994 is the Law enacted by the Parliament of India and introduced by the Ministry of Health and Family Welfare dated 4 February 1994, which deals with the transplantation and donation of 11 human organs and tissues of an alive donor or deceased person. [1] This act is applicable to only those Indian administered states where the act has been adopted or enforced by the state governments. But it applies to all Union territories. [2] [3]
The primary objectives of the Transplantation of Human Organs and Tissues Act, 1994 is to prevent commercial and illegal donations or advertisements of human organs. [4] Any person whether they are transplantation coordinator, or associated to any medical college or hospital or those who helps in removing of human organ or tissues from an alive or deceased body without any authority, shall be imprisoned for the term of three years with a fine of 5 lakh rupees (500,000 INR). [5]
Any person in any manner if conducting negotiations or making arrangements or assisting with any intention, such as offering or receiving payment, or donating to a relative, or supplying human organs and tissues with any intention is subject to punishment in accordance with the applicable sections of this act. [6]
Before transplanting human organs and tissues for donation, or storage purposes (except commercial purposes), it shall be the responsibility and duty of hospital management to consult authorized person for making necessary official arrangements amended in applicable sections. [7] [8]
Organ donation is the process when a person allows an organ of their own to be removed and transplanted to another person, legally, either by consent while the donor is alive or dead with the assent of the next of kin.
Organ transplantation is a medical procedure in which an organ is removed from one body and placed in the body of a recipient, to replace a damaged or missing organ. The donor and recipient may be at the same location, or organs may be transported from a donor site to another location. Organs and/or tissues that are transplanted within the same person's body are called autografts. Transplants that are recently performed between two subjects of the same species are called allografts. Allografts can either be from a living or cadaveric source.
The Uniform Anatomical Gift Act (UAGA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL), also known as the Uniform Law Commission (ULC), in the United States with the intention of harmonizing state laws between the states.
The Human Tissue Authority (HTA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It regulates the removal, storage, use and disposal of human bodies, organs and tissue for a number of scheduled purposes such as research, transplantation, and education and training.
Body donation, anatomical donation, or body bequest is the donation of a whole body after death for research and education. There is usually no cost to donate a body to science; donation programs will often provide a stipend and/or cover the cost of cremation or burial once a donated cadaver has served its purpose and is returned to the family for interment.
The Australian Organ Donor Register (AODR) is a government register, recording individuals who have agreed to donate organs and tissues in the event of their death. The register is operated by the Organ and Tissue Authority (OTA) and Services Australia through Medicare.
Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 under the background of the Punjab insurgency and was applied to whole of India. It was originally assented to by the President on 23 May 1985 and came into effect on 24 May 1985. This act was intended to halt the Khalistani Movement, an armed Sikh separatist movement present in Punjab. It later expanded to encompass other states as well. The Act had a sunset provision for lapsing after two years post-commencement, which it did on 24 May 1987. The Parliament not being in session, the life of the Act could not be extended. But the provisions were kept alive by an ordinance effective from the expiry date of the Act. This ordinance was later replaced with the Terrorist and Disruptive Activities (Prevention) Act, 1987. It was assented to on 3 September 1987, and made effective in two parts from 24 May 1987 and 3 September 1987. This also had a sunset provision of two years from 24 May 1987. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity after widespread allegations of abuse. It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.
A tissue bank is an establishment that collects and recovers human cadaver tissue for the purposes of medical research, education and allograft transplantation. A tissue bank may also refer to a location where biomedical tissue is stored under cryogenic conditions and is generally used in a more clinical sense.
Organ procurement is a surgical procedure that removes organs or tissues for reuse, typically for organ transplantation.
Certain fundamental Jewish law questions arise in issues of organ donation. Donation of an organ from a living person to save another's life, where the donor's health will not appreciably suffer, is permitted and encouraged in Jewish law. Donation of an organ from a dead person is equally permitted for the same purpose: to save a life. This simple statement of the issue belies, however, the complexity of defining death in Jewish law. Thus, although there are side issues regarding mutilation of the body etc., the primary issue that prevents organ donation from the dead amongst Jews, in many cases, is the definition of death, simply because to take a life-sustaining organ from a person who was still alive would be murder.
The National Organ Transplant Act (NOTA) of 1984 is an Act of the United States Congress that created the framework for the organ transplant system in the country. The act provided clarity on the property rights of human organs obtained from deceased individuals and established a public-private partnership known as Organ Procurement and Transplantation Network (OPTN). The OPTN was given the authority to oversee the national distribution of organs.
Organ trade is the trading of human organs, tissues, or other body products, usually for transplantation. According to the World Health Organization (WHO), organ trade is a commercial transplantation where there is a profit, or transplantations that occur outside of national medical systems. There is a global need or demand for healthy body parts for transplantation, which exceeds the numbers available.
In December 2006, The UK Government set up the Organ Donation Taskforce to identify barriers to organ donation and recommend actions needed to increase organ donation and procurement within the current legal framework.
The Human Tissue Act 2004 is an Act of the Parliament of the United Kingdom, that applied to England, Northern Ireland and Wales, which consolidated previous legislation and created the Human Tissue Authority to "regulate the removal, storage, use and disposal of human bodies, organs and tissue." The Act does not extend to Scotland; its counterpart there is the Human Tissue (Scotland) Act 2006.
The Human Transplantation (Wales) Act 2013 is an act of the National Assembly for Wales, passed in July 2013. It permits an opt-out system of organ donation, known as presumed consent, or deemed consent. The act allows hospitals to presume that people aged 18 or over, who have been resident in Wales for over 12 months, want to donate their organs at their death, unless they have objected specifically. The act varies the Law of England and Wales in Wales, which relied on an opt-in system; whereby only those who have signed the NHS organ donation register, or whose families agreed, were considered to have consented to be organ donors.
MOHAN Foundation is a not-for-profit, registered non-government charity organisation in India that works in the field of deceased organ donation and transplantation. MOHAN is an acronym for Multi Organ Harvesting Aid Network. It has offices in Chennai, Hyderabad, Bengaluru, Delhi, Mumbai, Chandigarh, Nagpur, Jaipur and information centers at Kerala and Imphal.
Transplant coordinator is a healthcare professional – doctor, nurse, or allied health science graduate – who coordinates activities related to organ donation and transplantation. Transplant coordinators can either be Donor Coordinators or Recipient Coordinators.
Organ donation is when a person gives their organs after they die to someone in need of new organs. Transplantation is the process of transplanting the organs donated into another person. This process extends the life expectancy of a person suffering from organ failure. The number of patients requiring organ transplants outweighs the number of donor organs available.
Organ transplantation in the Indian state of Tamil Nadu is regulated by India's Transplantation of Human Organs Act, 1994 and is facilitated by the Transplant Authority of Tamil Nadu (TRANSTAN) of the Government of Tamil Nadu and several NGOs. Tamil Nadu ranks first in India in deceased organ donation rate at 1.8 per million population, which is seven times higher than the national average.
Organ donation in India is regulated by the Transplantation of Human Organs and Tissues Act, 1994. The law allows both deceased and living donors to donate their organs. It also identifies brain death as a form of death. The National Organ and Tissue Transplant Organisation (NOTTO) functions as the apex body for activities of relating to procurement, allotment and distribution of organs in the country.
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