{"id":307691,"date":"2023-04-07T16:19:09","date_gmt":"2023-04-07T10:49:09","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=307691"},"modified":"2023-04-07T16:19:13","modified_gmt":"2023-04-07T10:49:13","slug":"organ-donation-transplant-pm-modi-65-year-old-age-ceiling","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/magazine\/organ-donation-transplant-pm-modi-65-year-old-age-ceiling\/","title":{"rendered":"Donate from the Heart"},"content":{"rendered":"\n

By Sanjay Raman Sinha<\/strong><\/p>\n\n\n\n

In a recent edition of \u201cMann Ki Baat\u201d, Prime Minister Narendra Modi urged the people to donate their organs and save lives. He also announced that the government had decided to abolish the age limit of 65 years for organ donation.<\/p>\n\n\n\n

With these changes in the offing, patients who are 65 years and older can now register for receiving organs from a deceased donor. Which means more transplantation, but the shortage will persist.<\/p>\n\n\n\n

India performs the third-most number of transplants in the world, but according to WHO, only about 0.01% of Indians donate their organs after death. Of course, these have to be cases of brain death so that the organs can be harvested.<\/p>\n\n\n\n

Dr Naresh Chawla, Vice President, Delhi Medical Council, told India Legal: \u201cNo doubt raising the limit of organ donations beyond 65 years is welcome because the life span of people of India is rising but the shortage of donors is acute. People have to be made aware of organ donation and pledging of organs has to improve. Only organ donation sensitised people take a positive decision at the last moment when it is mentally and emotionally most difficult to do so.\u201d<\/p>\n\n\n\n

The Directorate General of Health Services website reads: \u201cThere is a wide gap between patients who need transplants and the organs that are available in India. An estimated around 1.8 lakh persons suffer from renal failure every year. However, the number of renal transplants done is around 6,000 only. An estimated two lakh patients die of liver failure or liver cancer annually in India, about 10-15% of which can be saved with a timely liver transplant.\u201d<\/p>\n\n\n\n

The right to life is an inalienable right and by making organ transplant easy, the State makes this right more accessible. The Transplantation of Human Organs (THO) Act was passed in 1994. It was aimed at streamlining organ donation and transplantation activities, including removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs. <\/p>\n\n\n\n

The Act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations, but also do organ transplants such as liver, heart, lungs and pancreas. Despite the THO legislation, organ trade and kidney scandals are rampant. <\/p>\n\n\n\n

Furthermore, the Union Health Ministry has recommended that all states do away with the domicile criterion for registering to receive organs so that patients can register in any state. The ministry also requested that states not impose any fees on patients seeking registration for organ transplantation as it violates the 2014 Transplantation of Human Organs and Tissues Rules. Acceptance of these recommendations can transform the organ transplantation landscape in the country. <\/p>\n\n\n\n

Under THO, an organ may be sourced from<\/p>\n\n\n\n