Forensic Medicine: THOA, 1994
Legal Framework for Organ Donation in India
The Transplantation of Human Organs Act (THOA), 1994, was enacted to regulate the removal, storage, and transplantation of human organs for therapeutic purposes and to prevent commercial dealings in human organs.
1. Key Provisions
- Brain Stem Death: The act formally recognized brain stem death as a legal definition of death, essential for deceased organ donation.
- Authorization Committee: Established to oversee living, non-related donor transplants to prevent commercial transactions (transplant tourism/trafficking).
- Registration: All hospitals performing transplants must be registered with the Appropriate Authority.
2. Donor Categories
| Donor Type | Key Requirement |
|---|---|
| Near Relative | Spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, granddaughter. |
| Non-Related | Requires approval from the Authorization Committee (proof of affection/attachment). |
| Deceased | Requires certification of brain stem death by a board of 4 medical experts (including a neurologist/neurosurgeon). |
3. NEET PG High-Yield Pearls
- Medical Board: For brain death certification, the board must consist of: (1) Medical Administrator of the hospital, (2) Specialist (Neurologist/Neurosurgeon), (3) Treating Physician, and (4) Another independent medical practitioner.
- Commercialization: The Act strictly prohibits the sale of human organs. Penalties include severe imprisonment and heavy fines for the seller, buyer, and involved medical staff.
- THOA Amendment, 2011: Expanded the definition of “near relative” and included the transplantation of tissues (like corneas and skin) under the act.