The Gurgaon kidney scam seems to have finally found a place in the busy itinerary of the government. At least that’s what it seems like with the Ministry of Health and Family Welfare gearing up to amend the Transplantation of Human Organs Act (THOA).India is fast heading towards becoming a major organ transplantation tourism hub with foreigners along with Indian nationals easily flaunting the many loop holes in the Act and making commercial dealings of human organs.The ministry now proposes to insert various clauses in the Act so as to cover up the loop holes primarily focusing on the widening of the term ‘near relatives’ for donation purposes. Setting up of an appropriate authority for the said purpose in each state and union territories which will grant registration, investigate cases and set standards with respect to human organ related issues, more stringent punishment and protection of minor and vulnerable sections are the other proposed measures.In addition, the new Act would not only include organs but also cells and tissues and would be called "Transplantation of Human Organs & Tissues Act".Under the present scenario, ‘near relatives’ include spouse, son, daughter, father, mother, brother and sister and are the ones who can donate an organ without the need of permission from any authorisation committee. A proposal seeking to add grandparents of the paternal side has also been made.The government has now proposed that all transplants where the donor is an Indian national and recipient is a foreigner, would require permission from authorisation committee even if it’s the case of near relatives.Also, no cells, tissues or organs, is allowed to be removed from the body of a minor except when there is a case of twins.The draft also proposes to set up a wide transplantation network throughout the country for organ procurement on the lines of western countries.Offenders would be meted out with enhanced and more deterring punishments. In case of organ removal without authority, the punishment is to be increased to 10 years along with a fine of Rs 5 lakhs from 5 years along with Rs 10,000 prevalent presently and in case of commercial dealings, the punishment would be 10 years along with a fine of 20 lakhs. In addition, anyone caught with false documents would also be punishable.An Act that came into force in February 1995, THOA was formulated to regulate the removal, storage and transplantation of human organs and to prevent commercial dealings in human organs.Ironically there is still a huge gap between demand and supply of organs in India while on the one hand there are regular reports in the media about a thriving human organ trade in India and the consequential exploitation of vulnerable sections of the society.
