First Appeal Filed in RTI Case on Organ Donation Policy in India
by Prashant Kapadia/NHN
Agra, December , 2024: In a significant development, Eminent Supreme Court Advocate Kishan Chand Jain, on behalf of Rtn Lal Goel, Charter President of Rotary Club of Organ Donation International and Chairman of the Organ Donation India Foundation & GYAN has filed the first appeal against a Right to Information (RTI) application addressed to the *Ministry of Health & Family Welfare.* The appeal, filed on December 16, 2024, under reference number MOHFW/A/E/24/00595, raises critical questions regarding the state of organ donation infrastructure and policy in India
The initial RTI application sought detailed information on various aspects related to Organ Donation and transplantation across the country.
Key questions included:
1. Infrastructure Availability:The number of revenue districts in India with Organ Retrieval or Transplant Centres.The availability of brain death declaration committees in revenue districts.Timelines for ensuring all revenue districts have such facilities.
2. Financial Assistance and Policy:* Details on the inclusion of kidney transplantation under the PM-JAY scheme of Ayushman Bharat and financial assistance under the Rashtriya Arogya Nidhi (RAN) scheme in which financial support up to Rs. 15 lakh is provided by the Ministry to patients who are below the poverty line for transplantation �of Heart, Lung, Liver, Kidney etc.* The number of patients who have benefited under these schemes.
3. Policy Changes and Studies:Whether the Government plans to transition from an “Opt-In” to an “Opt-Out” Organ Donation system and if any studies have been conducted to assess its benefits.Government guidelines for non-related living donations after the Delhi High Court’s order.
4. Widening Scope and Recognition:Plans to expand the definition of “relatives” for living donations.The Ministry’s stance on the Odisha Government’s Suraj Award, which provides a cash incentive of ₹5 lakh to organ donor families.
5. State-wise Infrastructure Data:* The number of government hospitals or medical colleges with Organ Retrieval or Transplant facilities.
Details on educational qualifications required for tissue retrieval, including for eyes and skin.Despite the comprehensive nature of the RTI application, the Ministry’s communication stated that the information was not available to the National Health Authority. Furthermore, the application was not transferred to other concerned authorities under Section 6(3) of the RTI Act, as mandated by law.The appeal highlights the failure of the Central Public Information Officer (CPIO) to act by the provisions of the RTI Act, thereby undermining the transparency and accountability principles enshrined in the legislation.
Speaking on the matter, Rtn Lal Goel emphasised, “Organ donation is a critical issue in India, more than 5 lakhs people are dying because of non-availability of Organs, due to the lack of adequate infrastructure and clear policies hampers progress in this life-saving initiative. According to Adv K C Jain, the questions raised in this RTI are of national importance, and we hope the appeal will compel the concerned authorities to provide the information and take necessary action. The appeal seeks to address this lapse and ensure that the Ministry provides accurate and timely information to advance the cause of Organ Donation in India.