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Indian Railways grants 42-day special casual leave for organ donors
Context:
Railway employees who donate organs are eligible for a 42-day Special Casual Leave (SCL), as per the recent instructions issued by the Department of Personnel and Training in consultation with the Ministry of Health & Family Welfare.
More on News:
- The DoPT said that organ removal from a donor was a major surgery, which required time for recovery, including both hospitalisation and post-hospitalisation period.
- An additional ₹10,000 is provided under the National Organ Transplant Programme to cover dignified funeral expenses for the deceased donor.The cost of felicitation is capped at ₹1,000 per donor. The measures aim to boost awareness about organ donation.
Welfare Measure for Railway Employees:
- The leave is granted irrespective of the type of organ removal surgery, based on medical recommendation.
- SCL is granted if the transplant surgery occurs in a railway hospital or an empanelled private institution.
- The leave is applicable to all living donors approved under the Transplantation of Human Organs Act, 1994.
- SCL cannot be combined with other leave types except in exceptional cases of surgery complications.
Overview of Transplantation of Human Organs Act (THOA), 1994:
- Transplantation of Human Organs Act (THOA), 1994: Enacted to regulate the removal, storage, and transplantation of human organs and tissues for therapeutic purposes and to prevent commercial dealings in organs.
- Current Adoption: Adopted by all States except Andhra Pradesh and Jammu & Kashmir, which have their own similar laws.
- Transplantation of Human Organs (Amendment) Act, 2011.
- The Act came into force in 2014 in the States of Goa, Himachal Pradesh, West Bengal, and Union Territories.
- Other States who have adopted the amendment Act till date are Rajasthan, Sikkim, Jharkhand, Kerala, Orissa, Punjab, Maharashtra, Assam, Haryana, Manipur, Gujarat, Bihar and Uttar Pradesh.
- Any other State may adopt the Act through a resolution passed under Clause (1) of Article 252 of the Constitution.
- Brain stem death has been legally recognized as death in India since 1994, allowing for the donation of up to 37 different organs and tissues, including vital organs such as kidneys, heart, liver, and lungs.
- After natural cardiac death, only a few organs/tissues, like corneas, bones, skin, and blood vessels, can be donated.
- The amended Act is now named Transplantation of Human Organs and Tissues Act (THOTA), 1994.
- Indian donors cannot donate organs to foreigners unless they are a near relative of the recipient.
- According to the guidelines of the Ministry of Home Affairs (MHA) 2024
- A near relative could be a spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter.
- Foreigners needing organs from deceased donors can register in India through their treating hospitals. Registered foreigners are added to the waiting list registry.
- Foreigners are considered for organ allocation only if there are no Indian patients available to receive the organ.
- According to the guidelines of the Ministry of Home Affairs (MHA) 2024
Issues and Challenges:
- Demand vs Supply Gap: High demand with insufficient supply.
- Infrastructure: Poor infrastructure, especially in government hospitals.
- Awareness: Low awareness about brain stem death and organ donation.
- Certification Rates: Low rates of brain stem death certification.
- Organ Procurement: Lack of organised systems and standards.
- Organ Trading: Need to control and prevent organ trading.
- Cost: High costs for uninsured and poor patients.
- Regulation: Regulation of non-government sectors.