The government is exploring the possibilities of formulating procedures and guidelines for “altruistic non-directed organ donations” (organ donations by individuals purely out of love or altruistic reasons) by maintaining strict anonymity of the donor and the recipient to ensure that no commercial motives are served.
The Kerala Network for Organ Sharing (KNOS), government’s nodal agency for coordinating deceased donor organ donations, is learnt to have submitted a proposal to the government on the manner in which live, unrelated, and altruistic organ donations can be streamlined, as in the case of cadaver organ donations.
The KNOS had to step in following an order of the High Court on November 24 that directed the government to ensure that only altruistic live organ donations take place and that there is no exploitation of the poor.
The court gave the directive while disposing of 17 writ petitions together, all of which had challenged a circular issued by the government that no print media should carry advertisements seeking organs, as it is illegal and unethical to do so.
The petitioners had claimed that they needed to place advertisements in the media as they were unable to find a donor from within their close relatives.
They pointed out that Section 9(3) of the Transplantation of Human Organs Act, 1994 permitted altruistic organ donations from second-degree relatives or friends.
In disposing of the writ petitions, the Kerala High Court not only declined permission to place advertisements seeking organ donors but also directed the government to make way for a system of registrations for those who are willing to donate organs, through hospitals, on a priority basis to those waiting for organs.
“One of the key arguments which prompted the HC to give this directive to the government to streamline live, unrelated donations was the alarming statistics. Between 2011 and 2017, as many as 605 patients who were on the KNOS waiting list for receiving organs from brain-dead donors had died, while there were 1,692 live, unrelated organ donations. The demand for organs was so huge that placing advertisements would certainly promote money- for-organs trade,” a health official pointed out.
Separate registry
As per the High court directive, the KNOS has now proposed that a separate registry be set up for those who are willing to donate organs out of altruism, with the help of the National Informatics Centre.
To ensure that no financial motives are served, the organ donations will be “undirected”, meaning that no donor can insist on donating organs to any particular person.
Strict anonymity of donors and recipients will have to be maintained and organ allotment will be on the basis of patient priority.
“The HC has also directed the government to ensure that the donor and recipient are followed up properly and that a support system is created for the donor.
There is also the issue of managing the hospital expenses, all of which has to be worked out now,” the official said.
