The clearance of the much-awaited Transplantation of Human Organs (Amendment) Bill during this ongoing session of Parliament is almost certain now as the Bill has already been taken up in Lok Sabha for discussion.
The Bill, which is an amendment to the Transplantation of Human Organs Act, 1994, seeking to make the organs transplantation more transparent and patient friendly, and also for imposing stringent penalties on persons and hospitals violating the provisions of the Act, was taken up for discussion in Lok Sabha by Union health minister Ghulam Nabi Azad on August 11.
In fact, the Bill was introduced in Lok Sabha way back on December 18, 2009 and it was referred to the Parliamentary standing committee attached to the Union health ministry for its scrutiny. After examining the Bill in detail, the standing committee laid the report on the Table of Lok Sabha on 4 August, 2010. For the tentative list of transaction of business for the ongoing session of Parliament, which started on August 1, the Bill was listed for 'consideration and passing'.
Since the Lok Sabha has already taken up the Bill for discussion, it is now certain that it may get the final Parliament nod. Once the Bill is passed in Parliament, it will be sent to the President for her consent. Once the President signs the Bill, it becomes an Act of Parliament and will come into effect in the country.
The government took the initiative to amend the law, which was originally framed around 16 years back, as there were repeated reports about a thriving human organ trade in the country and the consequential exploitation of economically weaker sections of the society. There was an increasing perception among the common people that while the Act has not been effective in curbing commercial transactions in organ transplant, it has thwarted genuine cases due to the complicated and long drawn process involving organ donation.
As the voice against the Act became louder, the central government held a national consultation on the need to have an effective regulation of organ transplantation in the country. State governments and various sections of civil society were also consulted during the process. Ultimately, a proposal to comprehensively amend the Transplantation of Human Organs Act, 1994, was submitted to the Union cabinet for its consideration.