Draft organ donation rules propose stiff penalty on illegal trade

Small health centres to get licence for organ retrieval

Published on:

13 May 2013, 9:35 am

The revised rules for organ transplant propose stiff fine for illegal organ trade and change in the definition of “near relative” for the purpose of donation. The Central government has invited public comments on the revised rules by June 5. The rules were framed after the Transplantation of Human Organs (Amendment) Bill, 2009 was passed in August, 2011.
The Union Ministry of Health and Family Welfare (MoHFW) will consider suggestions from the public before drafting the final rules.

The revised definition of near relative now includes grandparents as well. “Earlier only son, daughter, mother, father, wife, husband and siblings were in the near relative category. The fine on illegal trade has now been increased from Rs 10,000-20,000 to Rs 20 lakh to 1 crore,” says Jagdish Prasad, director general of health services, MoHFW.

Key proposals

The revised definition of near relative now includes grandparents as well, not just parents and siblings

Fine on illegal trade has now been increased from Rs 10,000-20,000 to Rs 20 lakh to 1 crore

New rules say that an organ cannot be retrieved from the mentally challengedÃ”Ã‡Ã¶people with low IQ, as well as the mentally ill

Mandatory to ask relatives about organ donation when the patient is taken into the ICU

In cases where there is no cause of any suspicion, post-mortem can be carried out along with organ retrieval. Earlier, the doctor retrieving the organs had no authority to conduct post-mortem

New rules allow smaller health centres to have organ retrieval licence

Request law mandated for ICU patients

Organ donation