Stringent punishment awaits organ racketeers

In order to ensure that illegal organ trade like the one that was uncovered in Gurgaon last week does not take place again...

In order to ensure that illegal organ trade like the one that was uncovered in Gurgaon last week does not take place again, the Government is planning to make punishment in such cases more stringent.

As of now, a person making commercial dealings in organ trade is liable to be punished with at least two years of imprisonment, which may extend to seven years. The person is also liable to be fined between Rs 10,000 and Rs 20,000. But new amendments in the Transplantation of Human Organs Act, 1994, which is expected to come into effect within a couple of months, would not only increase the minimum imprisonment but also substantially increase the cash penalty to around Rs four lakh.

Besides, the punishment would not be contingent on establishing that the organ transplant was done for commercial considerations, as is the requirement now.

8220;As of now, the law is unable to do anything if a commercial transaction is not established. But the amendments we are bringing would make any sort of unauthorised organ transplant, whether it is associated with commercial transaction or not, a punishable offence,8221; says Vineet Chawdhry, Joint Secretary in the Ministry of Heath and Family Welfare.

The draft amendments have already been finalised and are likely to be introduced in the budget session of Parliament next month.

These amendments have been drafted on the advice of a committee, appointed by the Delhi High Court, which had given its recommendations last year. Inputs from state governments, doctors, police, non-government organisations, and general people were also incorporated.

The reinforced Act would also disqualify the transplanting team of doctors to be a part of the authorisation committee set up by state governments which clears specific cases of organ transplants. As of now, there is no bar on such doctors being a part of the authorisation committee.

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8220;The idea is to give more teeth to the law enforcing agencies in dealing with illegal organ trade. At the same time, doctors carrying out legitimate organ transplants should not feel handicapped by law,8221; Chawdhry said.