Government of India has enacted the Transplantation of Human Organs Act, 1994 which has been amended in 2011 after the Parliament has passed the Transplantation of Human Organs (Amendment) Act, 2011. The Act is for the purpose of regulation and removal, storage and transplantation of human organs and tissues for therapeutic purpose and for prevention of commercial dealing in human organs and tissues and for matters connected therewith or incidental thereto.
Further, Ministry of Health and Family Welfare, Government of India has notified Transplantation of Human Organs and Tissues Rules, 2014. The aforesaid Act and Rules provide for the policy regarding organ donation.
Health being a State subject, the States are required to adopt the Act before it may become applicable therein. The Original Act, i.e. the Transplantation of Human Organs Act, 1994 is applicable in all States and Union Territories (UTs) except State of Andhra Pradesh and Telangana which have their own Act on this subject.
After notification by Government of India, the Transplantation of Human Organs (Amendment) Act, 2011 has come into force on 10-01-2014 in the States of Goa, Himachal Pradesh, West Bengal, and all UTs. Subsequently the States which have adopted the Amendment Act till date are Rajasthan, Sikkim, Jharkhand, Kerala, Odisha, Punjab, Maharashtra, Assam, Manipur, Bihar, Chhattisgarh, Gujarat and Uttar Pradesh. Other States have not yet adopted the Amendment Act.
State/UT wise details of the number of cases of organ donation pending since January 1, 2018, are given below. The reason for pendency is gap between demand and supply of organs.
No. of Cases in Waiting List
Andaman Nicobar Island
Dadra and Nagar Haveli and Daman and Diu
Jammu and Kashmir
The Minister of State (Health and Family Welfare), Sh Ashwini Kumar Choubey stated this in a written reply in the Lok Sabha here today.