LS approves stringent punishment for illegal human organ trade

New Delhi, Aug 11 (PTI) The Lok Sabha (lower house of
Indian Parliament) on Friday approved an amended bill which
seeks stringent punishment of up to 10 years and a fine of up
to Rs one crore for illegal human organ and tissue
transplantation.
The Transplantation of Human Organs (Amendment) Bill,
introduced in the Lok Sabha in 2009, was moved on Friday by
Health Minister Ghulam Nabi Azad, for consideration and for
passing the same with some amendments to make punishment
tougher for violators of the Act.
"The Act is to regulate removal, storage and
transplantation of human organs and tissues. This will also
help those hundreds and thousands of people awaiting
transplantation of their organs and provide them a fresh lease
of life," said the Minister.
Azad also pointed out that the amended legislation brings
in stringent measures to check illegal trade of human organs
and stop exploitation of the poor people.
More than 20 members participated in the discussion on the
Bill and unanimously supported the changes brought in the
legislation.
The Bill also seeks to regulate and include "human tissues"
along with organs and makes it clear that human organs or
tissues of mentally-challenged, mentally-retarded and
mentally-ill persons shall not be removed before their death.
The proposed amendments in the Bill provide for tough
measures like jail term of five years which may be extendable
to ten years and fine of Rs 20 lakh extendable to Rs one
crore for those indulging in illegal human transplantation.
In the earlier version of the Bill, the penalty was of Rs
five lakh extendable to Rs 20 lakh.
The original Act of 1994 provided imprisonment for a term
which shall not be less than two years but which may extend to
seven years and shall be liable to a fine which shall not be
less than Rs 10,000 extendable to Rs 20,000.
The amended legislation also provides for punishment to
those who make or receive payment for supply of human organs
and tissues, besides making advertisements or negotiations for
illegal transplantation of organs and tissues.
For such violators, the proposed amendments provide for
imprisonment for a term which shall not be less than one year
but which may extend to three years and shall be liable to a
fine which shall not be less than Rs five lakh but may extend
to Rs 25 lakh.
Those who violate any provision of this Act or any rule,
for which no punishment is separately provided in this Act,
will be punishable with imprisonment for a term which may
extend to five years or with fine which may extend to Rs 25
lakh.
For anyone who contravenes any provision of the Act, for
which no punishment was separately provided for earlier, was
punishable for three years or with fine which may extend to Rs
5,000 only.
The proposed amendments to the Act also entail that no
tissue bank shall after the commencement of the
Transplantation of Human Organs (Amendment) Act, 2011,
commence any activity relating to recovery, screening,
testing, processing, storage and distribution of tissues
unless it is duly registered under this Act.
It also lists out that any facility engaged in this regard
before the commencement of the Act shall apply for
registration at tissue bank within 60 days from the date of
such commencement.
The amended legislation also states that no tissue bank
shall be registered under this Act unless the appropriate
authority is satisfied that such a bank is in a position to
provide such specialised services and facilities, possess
skilled manpower and equipment and shall maintain such
standards as may be prescribed.
The amendments also seek inclusion of a representative of
associations working in the field of human organ or tissue
donations and one human organ transplantation specialist in
the Advisory Committee of Central and State Governments
constituted to advise the appropriate authority.
It also adds grandfather, grandmother, grandson and
granddaughter under the definition of "near relative".
The Minister informed the House that the legislation also
entails that all near relatives, while donating an organ, do
not require the approval of the authorisation Committee.
He also appreciated the members' concern that regulations
under the legislation need to be updated with the changing
times. He said the present amendments were brought in after a
Standing Committee dealt with the amendments in the Act and
made some recommendations, some of which have been included in
the amendments.