Dr Joga Rao Sripada Venkata1
1Legalexcel Attorneys, Bengaluru, India
Biography:
The Author was formerly a Professor of Law at the National Law School of India University, Bengaluru, India. He is involved in active legal practice focussing on Healthcare Ethics and Law at Legalexcel Attorneys – a Law firm of Advocates, Solicitors and Healthcare Consultants, Bengaluru, India for more than two decades. The Author has also taught Healthcare Ethics and Law for more than three decades till date. He continues to involve in undertaking due diligence of Transplantation Files and is a Member of Competent Authorities for multiple hospitals established under the Transplantation of Human Organ and Tissues Act, 1994.
Abstract:
In India, the Transplantation of Human Organs and Tissues Act (THOTA), 1994 and Rules, 2014 govern organ transplantations. The core legislative objectives include prohibiting commercial dealings of organs, ensuring organ availability and regulating hospitals, doctors and other stakeholders facilitating the transplantations.
THOTA governs live donations in two ways namely, ‘near relative’ and ‘altruistic’. The Rules, 2014 introduced the hospital-based ‘Competent Authority’ to approve ‘near relative’ live donations and ‘Authorization Committee’ to approve ‘altruistic donations’, ‘near relative’ donations involving foreigners and ‘SWAP’ donations. In the Author’s experience, India has come a long way in streamlining the procedure and protocol vis-à-vis cadaver and live donations.
The present day reality, however, reveals minimal cadaver transplantations and a remarkable increase in live donations involving ‘near relative’. This increase is attributable to the awareness drives and sensitization programs.
As part of his legal practice, the Author has encountered the following issues and implications that plague the social milieu:
a. A phenomenal increase in ‘Brain Death’ cases due to road traffic accidents. Despite so, the availability of organs for cadaver transplantations continues to be meagre;
b. Women continue to be donors in a majority of ‘near relative’ donations;
c. The approval for ‘altruistic donations’ remains very low. In fact, hospitals generally do not entertain such donations; and
d. Recurrence of human trafficking despite categorical legal prohibition.
While re-exploring the foregoing aspects, the Author emphasizes on an immediate need to identify rational responses to the same.
Presentation Slides PDF – Click here