The Indian government is taking steps to address concerns regarding organ transplants for foreign nationals visiting India. The Union Health Ministry has directed the Ministries of Home and External Affairs to educate foreign visitors about the legal requirements and regulations surrounding organ transplantation in the country. This move comes amidst a growing concern about potential commercial dealings involving foreign citizens in the organ transplant process.
In a letter dated June 19th, 2023, reviewed by Mint, Apurva Chandra, Union Health Secretary, emphasized the importance of foreign nationals understanding the specific guidelines and regulations governing organ transplantation in India. He requested both ministries to display information about organ transplant laws at prominent locations within airports and on the Bureau of Immigration’s online portals to ensure wider dissemination.
The letter highlighted that organ and tissue donation and transplantation are governed by the Transplantation of Human Organs and Tissues Act (THOTA) of 1994. This law strictly prohibits any commercial activities related to human organs or tissues. While it permits Indian citizens to donate organs to close relatives, including spouses, children, parents, siblings, and grandparents, foreign donors or recipients require prior approval from the Authorization Committee for organ or tissue transplantation.
Additionally, a senior official from the embassy of the foreign donor’s country of origin in India is required to certify the relationship between the donor and recipient using a designated form (Form 21). Foreign patients needing organs from deceased donors for transplantation can also seek registration in India through their treating hospital. Their names would then be added to a waiting list registry. However, such cases would be considered only if no suitable Indian patient is available to receive the organ within the entire country.
In April 2023, the Union Ministry of Health and Family Welfare requested state governments, Union Territories, and the Ministry of External Affairs (MEA) to share details of foreign patients traveling to India for medical treatment and transplants. Dr. Anil Kumar, Director of the National Organ Tissue Transplantation Organization (NOTTO), emphasized the responsibility of private hospitals, which often attract foreign patients, to provide proper education and information before their arrival in India. He expressed concern about the inadequate implementation of this practice.
To address these issues, Indian High Commissions, the Bureau of Immigration, and the MEA have been urged to display information to educate foreign patients about organ transplant regulations in India. The Union Ministry of Tourism informed Parliament in 2022 that approximately 504,000 foreign nationals visited India for medical treatment by October 2023.
