Organ Donation
As per official medial data in India every 20 second a person suffers brain
stroke and if medical help is not provided within 4 hrs then it may result in
brain death and because of this delay every 2 minutes a person dies.
In India organ donation is governed by the Transplantation of Human Organ (THO) Act 1994.
Organ can be donated and harvested only if a person is declared brain
dead under THO Act 1994 by the board consisting of doctors as required
under the act. After natural death only the eyes which can be harvest
within two hours and liver within half an hour can be done or whole body
can be given for medical research. One can donate his organs or whole
body for research. For this one has to sign the donation form with any
NGO, Govt organization or even with military hospital or civil hospital
or on the website of National Organ & Tissue Transplant Organization
(NOTTO).
Once
one is declared brain dead by the doctors by following the laid down
procedure under the Act by the medical board then only the process of
harvesting the usable organs can be started. Even if one has donated the
organs by signing the required donation forms or on the website of
NOTTO during your lifetime your legal heirs will still be asked whether
they wish the organ to be harvested as required under the Act. If they
say yes and sign the forms then the doctors will declare you brain dead
under the THO Act 1994, remove the life support systems and harvest the
organs. If they do not agree then the life support and the bill will
continue till you are declared dead as required under the Registration
Of Birth and Death Act 1969 and no harvesting will be done. This may
take days and meanwhile the medical bill will keep on increasing at an
alarming rate if admitted in a private hospital
You can also
make a living will or what is called an advance declaration that under
the specified conditions your life support system or medication can be
removed and you be declared dead under the THO Act. This document is
registered with Judicial Magistrate first Class (JMFC) and not with
registrar but the procedure to execute it is long and cumbersome as
medical board is required to certify and execute the will under orders
of JMFC.In this case the legal heirs need to notify the JFMC about the
testator being brain dead so that the process as enumerated in the
Supreme Court Judgement is followed to declare him brain dead.
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