Lok Sabha Question No. 849 (UNSTARRED), answered on 2018-12-14
Subject: Organ Transplant
Ministry: HEALTH AND FAMILY WELFARE
Asked by: RAMCHARAN BOHARA

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO. 849 TO BE ANSWERED ON 14 TH DECEMBER, 2018

## ORGAN TRANSPLANT

## 849. SHRI RAM CHARAN BOHRA:

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

- (a)  whether  the  Government proposes  to  give  preference  to  Indian patients  over  foreigners seeking organ transplant and if so, the details thereof along with the reasons therefor;
- (b) whether the medical fraternity hasopposed the said proposal of the Government and if so, the reaction of the Government thereto;
- (c)  whether  the  Government  has noticed  that  the  organ  transplant  system in  the  country  is grappling with the shortage of organ donation and the situation is worse in the case of infant organ donation and if so, the details thereof and the reasons therefor;
- (d) whether the Government is aware of irregularities in organ donation system in the country and if so, the details thereof; and
- (e) the remedial steps taken/being taken by the Government in this regard?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SMT. ANUPRIYA PATEL )

- (a): Yes.  The  Government  of  India  has  enacted  Transplantation  of  Human  Organs  and Tissues Act (THOTA), 199 4 (as amended in 2011) and made Transplantation of Human Organs and  Tissues  Rules,  2014  thereunder  for  regulation  of  removal,  storage  and  transplantat human organs and tissues for therapeutic purposes.  Section 34(4) (e) of the said rules th at  'sequence  of  allocation  of  organs  shall  be  in  following  order;  State  list,  Regional  list, National list, Person of Indian Origin'. Further, Allocation Criteria for major organs and tissues Kidney,  Heart,  Liver,  Lung,  Heart -Lung  and  Cornea  Transplant  (Gu idelines)  have  also  been formulated which are available in public domain on the website of National Organ and Tissu Transplant Organization (NOTTO) i.e www.notto.nic.in
- (b): No
- (c): Yes,the organ transplant system in the country is grappling with the shortage of donation The demand for organs is more than availability. Estimated need for kidney, heart liver donations and the number of organ transplants done is as under:

| Organs   | Need for transplants of new organ failure every year   | cases of Estimated No. of Organ Transplants done (2017 Estimates)   |
|----------|--------------------------------------------------------|---------------------------------------------------------------------|
| Kidney   | 2,00,000                                               | 8000- 10000                                                         |
| Liver    | 30,000                                                 | 1800- 2000                                                          |
| Heart    | 50,000                                                 | 339                                                                 |

However, information in regard to infant organ donation is not known.

(d): Public  health  and  hospitals  being  State  subjects,  come  under  the  purview  of  S Government. What ever, instances of illegal organ retrieval/transplantation come to the no of the Ministry of Health and Family Welfare through complaints/media reports, these cases forwarded to concerned State Governments for investigation and further action as per prov of THOTA. Therefore, Details of all the cases are not available c entr l .y

(e) : THOTA has provisions for imprisonment upto 10 years and fine upto Rs. 1.00 crore f commercial dealings in human organs. However, the enforcement of provisions of the Act within  the ambit of  the  respective  State  Government.  Under  Na tional  Organ  Transplant Programme  (NOTP),  all  stakeholders  including  private  hospitals  are  sensitized  regar provisions of the Act and to prevent commercial dealings in human organs and criminal related to organ transplantation.