THOA 1994

The Transplantation Of Human Organs Act, 1994

Mr. IjasI yr M.Phil in PSWDept. of Psychiatric Social WorkNIMNAS, Bangalore

Presenter:

Purpose

The main purpose of act is to regulate the removal, storage and transplantation of human organs for therapeutic purposes and to prevent

commercial dealings in human organs.

The Act contains detailed provisions relating to the Authority for removal of human organs, Preservation of human organs, Regulation of hospitals conducting the removal, storage or

transplantation of human organs, Functions of appropriate authority, Registration of hospitals and Punishment/penalties for offences relating to aforesaid matters.

Enacted by Parliament in the

Forty-fifth Year of the Republic of India, On 8th July, 1994.

Came into force on 4th February, 1995.

Adopted by all states and UTs.

7 chapters

25 Sections

Chapters

Chapter- 1 Preliminary

Chapter- 2 Authority for the removal of human organs

Chapter- 3 Regulation of hospitals

Chapter- 4 Appropriate Authority

Chapter- 5 Registration of Hospitals

Chapter- 6 Offences and Penalties

Chapter- 7 Miscellaneous

Chapter- 1 PreliminarySection 1- Short title, application and commencement.

Title of the act :Transplantation of Human Organs Act, 1994.

Applicable to : states of Goa, Himachal Pradesh, Maharashtra and to all Union Territories in the first instance and it shall also apply to such other State which adopts this Act by resolution passed.

Commencement : on 4th February 1995 on above mentioned three states and UTs by central government

notification, and in other states the date on they adopt.

Chapter - I Preliminary Section 2- Definition (includes 16)

“DONOR” means any person, not less than eighteen years of age, who voluntarily authorizes the removal of any of his human organs for therapeutic purposes under subsection (1) or sub-section (2) of section 3;

“HUMAN ORGAN” means any part of a human body consisting of a structured arrangement of tissues which, if wholly removed, cannot be replicated by the body;

Definitions…..

“RECIPIENT” means a person into whom any human organ is, or is proposed to be, transplanted;

“THERAPEUTIC PURPOSES” means systematic treatment of any disease or the measures to improve health according to any particular method or modality; and

“TRANSPLANTATION” means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes.

Definitions…..

“BRAIN-STEM DEATH” means the stage at which all functions of the brain stem have permanently and irreversibly ceased and is so certified under sub-section (6) of section 3.

Chapter - II Authority for the removal of human organs

Includes seven sections.

Deals who can authorise, who else can authorise in special circumstances, who can remove the organ, examination of body for life extinct and brain-stem death, certification of brain-stem death and authorisation of removal of organ, in case of brain-stem death of any person less than 18 years of age.

Chapter – II cont……

Who can authorise - any person, not less than eighteen years of age, who voluntarily authorizes the removal of any of his human organs for therapeutic purposes.

Any donor may, in such manner and subject to such conditions as may be prescribed, authorise the removal, before his death, of any human organ of his body for therapeutic purposes.


Near Relative of any donor can grant authority, If any donor had, in writing and in the presence of two or more witnesses (at least one of whom is a near relative of such person), authorized at any time before his death, the removal of any human organ of his body, after his death, for therapeutic purpose.


Who can authorize the removal of human organ, in case a person doesn’t authorize before his death, but not expressed no objection.

The person lawfully in possession of the dead body of such person may, unless he has reason to believe that any near relative of the deceased person has objection to any of the decease person’s human organs being used for therapeutic purposes, authorize the removal of any human organ of thedeceased person for its use for therapeutic purposes.


Who can remove?

The authority given under sub-section (1) or sub-section (2) or, as the case may be, sub-section (3) shall be sufficient warrant for the removal, for therapeutic purposes, of the human organ; but no such removal shall be made by any person other than the registered medical practitioner.


Examination of the body.

Where any human organ is to be removed from the body of a deceased person, the registered medical practitioner shall satisfy himself, before such removal, by a personal examination of the body from which any human organ is to be removed, that life is extinct in such body or, where it appears to be a case of brain-stem death, that such death has been certified under sub-section (6)

Brain – stem death

Brain Stem Death is a clinical concept, implying an irreversibly unconscious patient, with irreversible apnea and irreversible loss of brain stem reflexes. The concept defines the core physiological basis for neurological diagnosis of death. (Wikipedia)All modern neurological criteria of death are primarily met through clinical tests of brain stem function. These tests all seek to ascertain that “ brainstem reflexes, motor responses, and respiratory drive are absent in a normothermic, nondrugged comatose patient with a known irreversible massive brain lesion and no contributing metabolic derangements” (Wikipedia)


Removal of organ from the body of a person in the event of his brain-stem death.

shall not be removed in such cases until such death is certified as mention under subsection (6) of section 3.

Chapter – II cont……Who have to certify? Board of medical experts

In-charge of Hospital

Independent Practitioner

A neurologist or a neurosurgeon

Treating Doctor

Chapter – II cont…… By board of medical experts consisting of 1. Registered medical practitioner in charge of the hospital in

which brain-stem death has occurred.2. An independent registered medical practitioner, being a

specialist, to be nominated by the registered medical practitioner specified in cause (i), from the panel of names approved by the Appropriate authority.

3. A neurologist or a neurosurgeon to be nominated by the registered medical practitioner specified in clause (i), from the panel of names approved by the Appropriate Authority.

4. Registered medical practitioner treating the person whose brain-stem death has occurred.


Authorisation of the removal of organ, in case of brain-stem death of any person less than 18 years of age.(Notwithstanding anything contained in sub-section 3)

Any of the parents of the deceased person may give authority.


Cases in which Removal of human organs not to be authorised.

In case of reason to believe that an inquest may be required to be held in relation to death of person, in such cases no facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under subsection (3) of that section for the removal of any human organ from the body of a deceased person.


Cases in which Removal of human organs not to be authorised.

No authority for the removal of any human organ from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal.

Chapter – II cont……Authority for removal of human organs in case of unclaimed bodies in hospital or prison.

In the case of an not claimed dead body in a hospital or prison by any of the near relatives of the deceased person within forty-eight hours from the time of the death, the authority for the removal of any human organ from the dead body can be given the person in charge, of the management or control of the hospital or prison, or by an employee of such hospital or prison authorised in this behalf by the person in charge of the management or control thereof.


Authority for removal of human organs from bodies sent for post- mortem examination for medico-legal or pathological purposes.

Any person competent under this Act to give authority, if he has reason to believe that such human organ will not be

required for the purpose for which such body has been sent for post-mortem examination.


In case of relative is satisfied that the deceased person had not expressed, before his death, any objection to any of his human organs being used, for therapeutic purposes after his death or, where he had granted an authority for the use of any of his human organs for therapeutic purposes after his death, such authority had not been revoked by him before his death.


Preservation of human organs

After the removal of any human organ from the body of any person, the registered medical practitioner shall take such steps for the preservation of the human organ so removed as may be prescribed.


45 of 1860 (Punishment for granting authority and removal of any human organ not accordance with the provisions of this act.)

Grant of any facility or authority for the removal of any human organ and removal of any human organ in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian penal code.

(Punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.)


Restrictions on removal and transplantation of human organs

Save as otherwise provided in sub-section (3), no human organ removed from the body of a donor before his death shall be transplanted into a recipient unless the donor is a near relative of the recipient.


Those who wish to donate to non-relative

If any donor authorizes the removal of any of his human organs before his death under sub-section (1) of section 3 for transplantation into the body of such recipient, not being a near relative, as is specified by the donor by reason of affection or attachment towards the recipient or for any other special reasons, such human organ shall not be removed and transplanted without the prior approval of the Authorisation Committee.


Authorization of the removal of human organs before death

Recipient is relative Recipient is not relative

YesYes, with the prior

approval of the Authorisation Committee.


Authorization Committee

Central and State shall be oblige to constitute committee in their respective territory by notification.

There shall be one or more committees.

Members of committee shall be nominated by central or state government, on such terms and conditions as may be specified in the notification for the purposes of this section.

Chapter – II cont……Authorisation of the removal of human organs before deathbe specified in the notification for the purposes of thissection.

Recipient is not relative



Joint application to Authorisation Committee.




Inquiry




Inquiry

Approval




Inquiry

Approval Rejection

Chapter – III Regulation of Hospitals

Regulation of hospitals conducting the removal, storage or transplantation of human organs.

No hospital, unless registered under this Act, shall conduct, or associate with, or help in, the removal, storage or transplantation of any human organ.

No medical practitioner or any other person shall conduct, or cause to be conducted, or aid in conducting by himself or through any other person, any activity relating to the removal, storage or transplantation of any human organ at a place other than an place registered under this Act

Chapter – III cont……


No place including a hospital registered under subsection (1) of section 15 shall be used or cause to be used by any person for the removal, storage or transplantation of any human organ except for therapeutic purposes.



No place including a hospital registered under subsection (1) of section 15 shall be used or cause to be used by any person for the removal, storage or transplantation of any human organ except for therapeutic purposes.

Notwithstanding anything contained in sub-section (1), the eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purposes, by a registered medical practitioner.

(Explanation: For the purposes of this sub-section, “ears”includes ear drums and ear bones.)


Prohibition of removal or transplantation of human purpose other than therapeutic purposes.

No donor and no person has power to give authority for the removal of any human organ for any purpose other than therapeutic purposes.

Explaining effects, etc., to donor and recipient.

No registered medical practitioner shall undertake the removal or transplantation of any human organ unless he has explained, all possible effects, complications and hazards connected with the removal and transplantation to the donor and the recipient respectively.

Reference

The Transplantation Human Organs Act, 1994, Bare Act, Universal Law Publishing Co. Pvt. Ltd. New Delhi.

www.mohanfoundation.org/

http://www.indiankanoon.org/doc/667558/

www.wikipedia.org/

Thank you..

......

7 April 2023 ijas

• 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in Articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the House of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State

• (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State



7 April 2023 ijas

• Article 249 in The Constitution Of India 1949• 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest(1)

Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force

• (2) A resolution passed under clause ( 1 ) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause ( 1 ), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force

• (3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause ( 1 ) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period




Organ Donation

Organs for Donation

Some of the organs that are commonly donated -

• Kidneys • Eyes (cornea) • Heart• Lungs• Liver• Pancreas• Skin

THOA 1994

Documents

Transcript of THOA 1994