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Indian Constitution legislated an act for transplant of
human organs in the year 1994. The act includes definition
of human organ transplant , procedures and safeguards to ensure that human organs are not misused in any manner.
THE
TRANSPLANTATION OF HUMAN ORGANS ACT,1994
Introduction
PRELIMINARY
AUTHORITY
FOR THE REMOVAL OF HUMAN ORGANS
REGULATIONS
OF HOSPITALS
APPROPRIATE
AUTHORITY
REGISTRATION
OF HOSPITALS
OFFENCES
AND PENALTIES
MISCELLANEOUS
Forms
as annexed to Transplantation of Human Organs Rules, 1995
Introduction
With
the advances of science and technology particularly in the
field of medicine and surgery it has become possible to
remove organs from living as well as deceased persons and
to transplant such organs to save lives of suffering human
beings. This advancement brought evil as well. Commercial
dealings in human organs especially kidneys, started
increasing. Thus a need for a comprehensive legislation
for regulating the removal of organs, was felt as matter
has been agitated by the parliamentarians as well as
various national bodies, medical, legal and social
experts. On the other hand, in the absence of any
law the removal of organs from persons suffering brain -
stem death has not been possible. Transplantation of
organs like liver and heart for which latest technology is
available in the country, had been impeded. Under the
circumstances it became necessary to enact a comprehensive
law. The Transplantation of Human Organs Bill, 1992 was introduced
in the Lok Sabha on 20 August, 1992. After being discussed
by both the Houses of Parliament it was referred to a
Select Committee of both the Houses. The Select Committee
presented its report on 21 December, 1993. On the
recommendations of the Select Committee the Bill was again
discussed in both the Houses of Parliament.
ACT
42 OF 1994
The
Bill was passed by both the Houses of Parliament and it received
the assent of President on 8th July, 1994. After it was
assented it became THE TRANSPLANTATION OF HUMAN ACT, 1994 (42
of 1994).
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