BHUBANESWAR: Odisha on Thursday adopted the amended Transplantation of Human Organs (THO) Act, 1994 bringing in stringent penal provisions to stem the menace of organ sale and fraudulent transplantation rackets in the State.
The State Assembly passed the Resolution bringing the THO Act amended by Parliament in 2011 into immediate effect. The new law has laid severe penal provisions for illegal dealings in transplant right from submission of false documents or affidavits to commercial transactions to doctors and hospitals who conduct such transplants.
As per the stipulations, any person who prepares or aids submission of false documents or affidavits to establish the donor as a near relative or emotionally attached to the recipient for money will now face imprisonment of five years which may extend to 10 years and a fine of a minimum of Rs 20 lakh that may be increased to Rs 1 crore. Earlier, the imprisonment was two years imprisonment and a fine of Rs 10,000.
The amended Act has also included severe provisions for the middlemen and scouts, who are engaged in the organ sale rackets, for identifying or persuading people to sell their organ for money that entails one year imprisonment extended to three years along with fine of minimum Rs 5 lakh up to Rs 25 lakh.
It also cracks down on erring doctors and hospitals who transplant organs without authority stipulating imprisonment of 10 years and Rs 20 lakh fine. The doctor will also lose his licence for a period of two years on conviction. Punishment for contravention of other provisions of the Act would entail five years imprisonment and Rs 20 lakh fine.
Under the new law, the State Government will have to appoint the Appropriate Authority for regulation, enforcement as well as investigation of transplants being carried out in the State. It can conduct inspections on hospitals, examination of quality of transplantation and follow-up medical care to donors and recipients.
More importantly, the Authority will have all the powers of a civil court to try a suit under the Code of Civil Procedure, 1908.
It can summon any person in connection with a case of illegal transplant or violation of rules and also issue search warrant for any place suspected to be indulging in unauthorised removal, procurement or transplantation of human organs or tissues or both.
A State Advisory Committee will also be formed under the chairmanship of a Government official not under the rank of a Secretary with members, including two medical experts, one specialist in the field of human organ transplantation and two social workers, including a woman.
The Advisory committee will monitor and supervise the transplant activities in the State and advise the Appropriate Authority in dealing with cases.
Transplant coordinators will also be appointed to act as a bridge between regulatory authorities, Government and other stakeholders including donor, recipient and hospitals.