Lok Sabha Parliamentary Q & A

Lok Sabha Parliamentary Q & A on Organ Donation & Transplantation

GOVERNMENT OF INDIA

MINISTRY OF HEALTH AND FAMILY WELFARE

LOK SABHA

UNSTARRED QUESTION NO 3130

TO BE ANSWERED ON 23.03.2005

LAW ON ORGAN TRANSPLANTATION

3130. SHRI PRABODH PANDA

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:-

(a) whether the Government is considering to make law on organ transplantation;

(b) if so, the details thereof; and

(c) the name of countries where organ transplantation is legal?

ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF HEALTH & FAMILY WELFARE ( SMT. PANABAKA LAKSHMI)

(a)&(b): Government have already enacted the Transplantation of Human Organs Act, 1994 to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto. Recently, a Committee has been constituted by the Hon`ble High Court of Delhi (as per the judgement dated 6.9.2004 in W.P. No.813/2004) to review the provisions of the Transplantation of Human Organs Act, 1994 and the Transplantation of Human Organs Rules, 1995. The composition of the Committee and terms of reference are annexed. The recommendations of the said Committee are awaited.

(c): As per information available with the Government some of the countries where specific legal provision has been defined for organ Transplantation are:-

1. Latin America - Brazil, Chile, Columbia, Argentina, Cuba, etc.

2. Asia Pacific Region - China, Singapore, India, etc.

3. Middle East & Afro Arab Region - Egypt, Saudi Arabia, Algeria, Bahrain, Jordan, Kuwait, Lebanon, United Arab Emirates, Yemen, etc.

4. Africa & Indian Ocean Ireland - South Africa