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There are numerous documents seen and evaluated by the hospitals before undertaking an organ transplant and this is undertaken with all due precautions knowing the implications of any wrong submissions. Despite that, there is a possibility of money being exchanged between the recipient and donor and the falsification of the documents. It is with this purpose that there are seven deterrent clauses in the consent forms from the live donor that need to be countersigned in front of the Notary public making this an affidavit. It clearly states – I solemnly affirm and declare that: Sections 2, 9, and 19 of the transplantation of Human Organs Act, 1994 have been explained to me and I confirm that: -
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- I understand the nature of criminal offences referred to in the sections.
- No payment of money or money’s worth as referred to in the sections of the Act has been made to me or will be made to me or any other person.
- I am giving the consent and authorisation to remove my …organ) of my own free will without any undue pressure, inducement, influence or allurement.
- I have been given a full explanation of the nature of the medical procedure involved and the risks involved for me in the removal of my. (organ). That explanation was given by ........ (name of registered medical practitioner).
- I understand the nature of that medical procedure and of the risks to me as explained by that practitioner.
- I understand that I may withdraw my consent to the removal of that organ at any time before the operation takes place.
- I state that particulars filled by me in the form are true and correct to my knowledge and nothing material has been concealed by me.
The other documents to be submitted include proof of relationship, medical fitness certificate by the doctor and HLA/ Genetic matching by an independent lab for confirming the relationship in “near related” donor as per the THOTA. None of these documents have any similar statements as above. In the true spirit of the act the intent is to present to the authorisation committee a case for helping the recipient who requires a life saving transplant.
Expecting the professional doctors involved in organ transplants to be able to conduct documentary diligence by scrutinizing each and every document and spot a fake or forged document with a forensic eye is something in which they are not trained, nor it is expected from them by the THOTA. Making an underlying assumption that those who fail to do so will be punished as abettors of crime and accomplices of criminals is a wrong-footed move which is very likely to have disastrous consequences for public health in general. If that were to happen, it is not unlikely that existing doctors who are trained to perform transplantation may reduce their practice, and students of medicine may not opt for training in transplantation and look at less risky specializations altogether.
Both the registered societies condemn the act of organ-commerce and unethical practices and firmly believe it is reprehensible. Thus, while we are confident that the state government and the union government will take strong steps to curb sale and trading of organs, we sincerely hope that MoHFW and the state health department while taking the decision will keep the principles of THOTA in letter and spirit and not discourage professional doctors from offering transplantation to needy and deserving patients altogether.
About ISOT
Indian Society of Organ Transplantation is a 30 year old body with 1550 members representing transplant clinicians and scientists from kidney, liver, heart, lungs and composite tissues. It is currently headed by President – Dr. Sunil Shroff, President Elect Dr. Georgi Abraham and Secretary Dr. Vivek Kute