In a significant move to regulate organ transplantation and curb illegal commercial dealings, the Telangana Assembly has adopted the Transplantation of Human Organs and Tissues Act, 1994 (THOTA). Previously, the state followed its own Telangana Transplantation of Human Organs Act, 1995, but aligning with the Central Act and its 2011 amendments strengthens regulatory measures, ensuring better compliance with national standards.
The Transplantation of Human Organs and Tissues Act: An Overview
THOTA governs the removal, storage, and transplantation of human organs and tissues across India. The Act is designed to ensure ethical organ donation practices while preventing exploitation and commercialization. It establishes clear guidelines for hospitals and healthcare providers and enforces strict penalties for violations.
Regulations on Organ Donation
The Act permits organ transplants from both deceased donors and living donors. Living donations are allowed from close relatives, including parents, siblings, children, and spouses. In exceptional cases, donations from distant relatives or friends are permitted, but they require thorough scrutiny to eliminate financial inducements and unethical practices.
Provisions for Unrelated Donations
When a donor is not biologically related to the recipient, strict documentation is required to establish a long-term relationship. An independent Authorisation Committee reviews these cases to prevent illegal transactions and ensures that all donations remain voluntary and free of coercion.
Strict Penalties for Violations
THOTA enforces severe penalties for violations, aiming to deter illegal organ trade. Key offences include:
- Commercial transactions in organ donation
- Misrepresentation or falsification of documents
- Unauthorized organ removal and transplantation
Convictions under this Act can lead to imprisonment of up to 10 years and fines up to ₹1 crore, making it one of the strictest laws against organ trafficking in the world.
Role of the National Organ and Tissue Transplant Organization (NOTTO)
The establishment of NOTTO under the Directorate General of Health Services has played a crucial role in streamlining organ donation and transplantation across India. NOTTO oversees:
- National organ donation registries
- Coordination of organ and tissue procurement and distribution
- Awareness campaigns to promote ethical organ donation
By maintaining a transparent allocation system, NOTTO ensures that organs reach recipients based on medical urgency rather than financial influence.
Authorisation Committee and Evaluation Process
The 2014 rules mandate the formation of an Authorisation Committee, which evaluates donor-recipient relationships and ensures ethical compliance. The committee plays a crucial role in:
- Verifying the authenticity of unrelated donations
- Preventing financial transactions in organ donation
- Facilitating urgent evaluations for critically ill patients
Conclusion: Strengthening Ethical Organ Transplantation
The adoption of THOTA in Telangana marks a significant step toward strengthening India’s organ transplantation framework. By aligning with national regulations, Telangana enhances transparency, ethical compliance, and accessibility to life-saving transplants. The stringent legal measures, combined with efficient national coordination through NOTTO, ensure that organ donation remains a noble, altruistic act rather than a commercial enterprise. Continued efforts in public awareness and enforcement will be key to building a robust and ethical organ transplantation system in India.