Health Ministry warns against commercial dealings in organ transplantation of foreigners, emphasizes awareness of transplant laws

New Delhi: To prevent any possible commercial dealings involving foreign citizens in the country, the Ministry of Health and Family Welfare (MoHFW) has written to the Ministry of Home Affairs (MHA) and Ministry of External Affairs (MEA) asking them to educate the foreign nationals regarding the guidelines and legal responsibilities concerning organ transplantation procedures in India.   

According to the letter, the Union Health Ministry has asked both ministries to ensure that information regarding organ transplant laws is prominently displayed at airports and on the Bureau of Immigration's web portals. This measure aims to enhance the accessibility and awareness of these laws among a broader audience. 

In the letter dated June 19, Union health secretary, Apurva Chandra said, “It is essential for these foreign nationals visiting India for organ transplants to understand the specific guidelines and legal requirements that regulate the process of organ transplantation in India."

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Further, the letter stated, "Organ and tissue donation and transplantation are regulated in India under the Transplantation of Human Organs and Tissues Act (THOTA), 1994. The law prohibits any commercial dealings in human organs or tissues. However, it allows an Indian to donate her organs to a close relative—spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter.

Foreign donors or recipients require prior approval from the Authorization Committee for organ or tissue transplantation. Besides, a senior official—of the embassy of the country of origin in India—is required to certify the relationship between the donor and the recipient as per form 21."

"In this case, foreign patients needing organ(s) from a deceased donor for transplant can also seek registration in India through their treating hospital, after which their name will be included in the waiting list registry. However, such cases would be considered for only when there is no Indian patient, is available to take that organ in the whole country," as reported by Mint. 

The Union Health Ministry in April had asked all states and UTs to investigate any violations and take appropriate action, including suspension of registration, against hospitals performing illegal organ transplants.

In a letter to all states and UTs, Dr Atul Goel, Director General of Health Services (DGHS), Government of India, urged to ensure regular collection and sharing of data of all transplant cases, including those of foreigners, with the National Organ and Tissue Transplant Organization (NOTTO) on a monthly basis. The Ministry had issued the direction around two weeks after an organ trafficking racket, involving Bangladeshi nationals, being run in Haryana and Rajasthan was busted.

Medical Dialogues team had earlier reported that aiming to stop the illegal trading of human organs, the Union Government has sent out an alert to all States/Union Territories on websites and social media groups engaged in such activities, calling for strict action in this regard.

The Ministry of Health and Family Welfare (MoHFW) has made specific references to certain websites/social media groups that are offering huge money for kidneys and other organs. One such publication was in the name of a popular hospital in Karnataka. In that post, an offer of Rs 5 crore was made for a kidney matching certain parameters.

The Union Government shared the web link and other such social media posts that were being shared regularly and said that such activities were punishable offences under Section 18 of the Act with fine ranging from Rs 20 lakh to Rs 1 crore and imprisonment ranging from 5 years to 10 years. Such illegal activities were a major hindrance to the national organ transplantation programme.

The National Organ and Tissue Transplant Organization (NOTTO) is a national-level organisation under the DGHS. It was set up in pursuance to mandate given to the Central Government to set up a network for organ procurement distribution and to maintain a national registry for the purpose of surveillance of organ donation and transplantation in the country.

Dr Anil Kumar, director of NOTTO said, "Foreigners mostly come to private hospitals, and private hospitals must educate such patients before they come to the country. However, It is not being done properly. That's why Indian high commissions, Bureau of Immigration and the MEA have been requested to display these messages to educate foreign patients”.

Also read- Centre Sends Alerts To States, UTs On Websites, Social Media Involved In Illegal Trading Of Human Organs