Lok Sabha Question No. 2021 (UNSTARRED), answered on 2024-12-06
Subject: Illegal Organ Transplant Racket
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Smt. Sajda Ahmed

## GOVERNMENTOFINDIA MINISTRYOF HEALTH AND FAMILY WELFARE DEPARTMENTOFHEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED QUESTION NO. 2021 TO BE ANSWERED ON 06 TH DECEMBER, 2024

## ILLEGALORGAN TRANSPLANT RACKET

## 2021. SMT. SAJDA AHMED:

Will the Minister of HEALTHANDFAMILYWELFARE be pleased to state:

- (a) whether the Government has taken note of the increasing trends of busting illegal organ transplant in the country and if so, the details thereof;
- (b) the details of the organ transplants that have been reported for international patients and domestic patients in Indian healthcare institution during the last three years, year-wise;
- (c) whether the Government has adopted any policy to combat organ transplant rackets in the country and if so, the details thereof;
- (d) whether States with high illegal transplant cases are being monitored and regulated in the country; and
- (e) if so, the details thereof?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI PRATAPRAO JADHAV)

(a) to (e) 'Health' and 'Law & Order' are State subjects. Thus, it is primarily the responsibility of the State Government / UT Administration to take action for prevention and control of organ trade and monitor the same. The Transplantation of Human Organs and Tissues Act (THOTA), 1994 provides for an appropriate authority to be appointed by every State for investigating any complaint or breach of any of the provisions of this act, or any of the rules thereunder. The State Appropriate Authority shall, for the purposes of this act, have all the powers of a civil court to try a suit under the Code of Civil Procedure, 1908(5 of 1908). Whenever any complaint regarding organ trade is received in this Ministry, the same is referred to the concerned State/UT for appropriate action. The data in this regard is not maintained in this Ministry.

The following steps have been taken by the Government to curb illegal organ transplants:

- National Organ and Tissue Transplant Organization (NOTTO), a national apex level organization has been set up in pursuance of the mandate given to Central Government under THOTA 1994, for establishing a network for procurement and distribution of organs and tissues and to maintain a national registry for surveillance of organ donation and transplantation in the country. States/UTs have been requested to ensure that every hospital performing organ transplantation or retrieval needs to be linked to the website of NOTTO and data related to both deceased and living donors and recipients of transplants is required to be uploaded in the National Registry maintained by NOTTO. Further, each donor and recipient of human organ will have a unique NOTTO ID in cases of both deceased as well as living donor transplant and the same is to be generated by the concerned Hospitals.
- NOTTO, along with Regional Organ and Tissue Transplant Organizations (ROTTOs), State Organ and Tissue Transplant Organizations (SOTTOs) and other institutions organize awareness programs across the country to disseminate information about provisions of The Transplantation of Human Organs and Tissues Act and rules, so that people are cognizant towards the Government recognized process of organ donation permitted by the law, along with the illegality and repercussions associated with indulgence in organ trade, in order to make it easy for them to comply with the provisions of law.
- All States/UTs have been advised to constitute an Advisory Committee as per provisions of the Transplantation of Human Organs and Tissues Act (THOTA), 1994 to aid and advise the Appropriate Authority in discharging its functions of controlling illegal organ transplant activities.
- A letter was sent by Ministry of Health and Family Welfare to Ministry of External Affairs (MEA) after which, a note verbale has been circulated by MEA to all the Embassies/ Foreign Missions in India apprising them about the legal provisions of organ transplant Act in India so as to prevent illegal organ transplants involving foreigners. Rules for transplants involving foreigners have been shared with Ministry of External Affairs for dissemination to Indian Missions abroad and the same have also been displayed on ports and Airports.
- The specific rules, guidelines and legal requirements that regulate transplantation in India, have been disseminated to all foreign diplomatic missions based in India for their information and further dissemination to their respective citizens seeking transplantation treatment in India.

The number of organ transplants that have been reported from States / UTs to NOTTO for international patients and domestic patients in Indian healthcare Institutions during the last three years, year-wise is provided in the table below:

| Year                         | International patients   | International patients     | Domestic patients        | Domestic patients          |       |
|------------------------------|--------------------------|----------------------------|--------------------------|----------------------------|-------|
|                              | Living donor transplants | Deceased donor transplants | Living donor transplants | Deceased donor transplants | Total |
| 2021 (COVID pandemic period) | Nil reported             | Nil reported               | 10640                    | 1619                       | 12259 |
| 2022                         | 902                      | 4                          | 12445                    | 2690                       | 16041 |
| 2023                         | 1842                     | 9                          | 13601                    | 2926                       | 18378 |
| 2024* (Till 30 th September) | 1066                     | 9                          | 11673                    | 2410                       | 15158 |

* Data for 2024 is subject to change upon updates from States/Institutions

*****