ASSIGNMENT-1

HEALTH LAW

BBALLBGRP16@HL

TOPIC:- HEALTHCARE IN BIHAR

NAME: KOMAL KUMARI

ROLL NUMBER: 2014286

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A STUDY OF IMPORTANCE OF ORGAN DONATION

A RESEARCH SUBMITTED FOR THE FULFILLMENT OF THE REQUIREMENT FOR THE

DEGREE OF BACHELOR OF LAWS (SEMESTER 7TH) FROM BANASTHALI VIDYAPITH,
TONK, RAJASTHAN

UNDER THE GUIDANCE AND SUPERVISION OF

PROFESSOR: DR. RITUJA SHARMA

BANASTHALI VIDYAPITH

SUBMITTED BY:

KOMAL KUMARI {2014286, 4TH YEAR,BBA-LLB}

_____________________________
________________________________________________________

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ACKNOWLEDGEMENT

I feel great pleasure to convey my deep sense of regard to my supervisor Dr. Rituja Sharma
who gave me the golden opportunity to carry on this wonderful dissertation on the topic
entitled “A Study of Importance Of Organ Donation.". He had been very kind and patient
while suggesting me the outlines of this dissertation and correcting my doubts which also
helped me in doing a lot of research and I came to know about so many new things for which
I am really grateful to her.

I would also like to thank my parents, friends, and classmates. Despite their busy schedules,
they helped me a lot gathering different information and guiding me from time to time.

I am very thankful to all who supported me in completing my Dissertation paper effectively

and in time.

Dated: 11/ 08/2023

_______________________
KOMAL

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TABLE OF CONTENTS:
1. ABSTRACT
2. PROBLEM OF THE STUDY
3. OBJECTIVE OF THE STUDY
4. SCOPE OF THE STUDY
5. RESEARCH QUESTIONS
6. RESEARCH METHODOLOGY
7. CHAPTER I: INTRODUCTION
7.1. Organ Donation : An Overview
7.2. Types of Organ Donation
8. CHAPTER II: PROCESS AND PROCEDURE OF ORGAN DONATION IN INDIA
9. CHAPTER III: RULES AND LAW FOR ORGAN DONATION AND HEALTH SCHEME
APPLIED IN STATE OF BIHAR
10. CHAPTER IV: INSURANCE POLICIES BY STATE
11. CHAPTER V: PC & PNDT ACT 1994
12. CHAPTER VI: SEX RATIO IN BIHAR
13. REFERENCES

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ABSTRACT

Organ donation in India involves the voluntary contribution of organs and tissues from living
or deceased individuals to save and improve the lives of those in need of transplantation.
Governed by the Transplantation of Human Organs and Tissues Act (THOTA), the practice
addresses the critical shortage of organs for transplantation. While ethical considerations,
awareness campaigns, and medical advancements play vital roles, challenges such as
consent, cultural beliefs, and equitable distribution persist. Organ donation underscores the
profound compassion and unity of humanity, offering a renewed chance at life and
advocating for the well-being of all.
PROBLEM OF THE STUDY:
Efforts to address these challenges involve comprehensive awareness campaigns,
sensitization of healthcare professionals, strengthening the legal framework, enhancing
healthcare infrastructure, and fostering a culture of empathy and altruism. Collaborative
initiatives by government bodies, NGOs, medical institutions, and the public are crucial to
overcoming these obstacles and improving organ donation rates in India.
OBJECTIVE OF THE STUDY:
The key objectives of the study may include the following:
1. To get to know what exactly is Organ Donation is and what are the process for donating
body.
2. To analyse the rules and regulations of Organ Donation in India and various health related
policy in state of Bihar.

SCOPE OF THE STUDY:

This study does not aim to evaluate the efficiency or effectiveness of the Body Donation in
India but to explore their impact in the current Indian scenario as well as their benefits and
demerits arising out of such a correlation.
The scope of the study further includes an overall perspective regarding:
Geo-political issues
Sectoral scope
Rules and regulations for the establishment
Data collection
RESEARCH QUESTIONS:
What is Organ Donation?
What are the process and procedure for Organ Donation in India?

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What are the rules or law for such Donation and various health policy which are applied in
the state of Bihar?

RESEARCH METHODOLOGY:
The secondary sources of data that were used to undertake this research as well as to
collect data from different sources to give a clear and comprehensive analysis of the “The
Importance of Organ Donation.”
Research papers
Scholarly journals
News articles
And the used research method includes:
Doctrinal research
Explanatory method of research
Analytical method of research

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CHAPTER I: INTRODUCTION

Organ Donation: An Overview

The voluntary donation of organs, tissues, or other body parts from a living or deceased
person to someone else in need of a transplant is a medical and ethical practice known as
organ donation. Organ transplantation has transformed medical care by giving people with
failing organs or other life-threatening conditions a chance at survival. Here is a detailed
explanation of organ donation:
Types of Organ Donation:
Living Donor Donation: In cases like kidney and liver transplants, a healthy individual can
donate a kidney or a portion of their liver while still alive. Living donors often include family
members or close friends.
Deceased Donor Donation: Organs are retrieved from a person who has been declared brain
dead or whose heart has stopped functioning but is being kept alive through artificial means.
Organs commonly transplanted include heart, lungs, liver, kidneys, pancreas, and intestines.
Importance of Organ Donation: Organ donation has far-reaching benefits, including:
Saving Lives: Transplants can significantly extend and enhance the lives of recipients.
Improving Quality of Life: Organ recipients often experience an improved quality of life
post-transplant.
Medical Advancements: Organ transplantation drives medical research and technological
advancements.
Reducing Medical Costs: Successful transplants can reduce long-term medical costs
compared to ongoing treatments.
Challenges in Organ Donation:
Shortage of Organs: Demand for organs far exceeds supply, leading to waiting lists and
unfortunate fatalities.
Legal and Ethical Concerns: Ensuring informed consent and preventing organ trafficking are
ongoing challenges.
Cultural and Religious Beliefs: Cultural perceptions and religious beliefs can impact
individuals' willingness to donate.
Organ Compatibility: Matching donors and recipients based on blood type and tissue
compatibility is crucial.

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Transplant Rejection: Recipient's immune system sometimes rejects the transplanted organ,
requiring immunosuppressive medication.

Organ Donation Process:

Consent: Consent is obtained from living donors or the family of deceased donors.
Medical Evaluation: Donors undergo medical evaluations to ensure compatibility and safety.
Organ Retrieval: For deceased donors, organs are retrieved using surgical procedures.
Transplantation: Organs are transported to the recipient's hospital and transplanted using
surgical techniques.
Post-Transplant Care: Recipients require post-transplant care, including immunosuppressive
medication to prevent organ rejection.
Organ Donation in India:Organ donation and transplantation in India are governed by the
Transplantation of Human Organs and Tissues Act (THOTA). There are initiatives underway
to increase awareness, improve procedures, and promote deceased organ donation. Organ
donation in the nation is encouraged by programs like those run by the National Organ and
Tissue Transplant Organization (NOTTO).

CHAPTER II: PROCESS AND PROCEDURE FOR ORGAN DONATION

IN INDIA
To ensure that organs are donated and transplanted safely and ethically, there are several
steps in India's organ donation process and procedure. An overview of the procedure and
process for organ donation in India can be found below:
1. Awareness and Consent:
Individuals must be aware of the importance of organ donation. Awareness campaigns, media,
and educational programs play a significant role in dispelling myths and misconceptions.
Consent for organ donation can be expressed through various means, such as driver's licenses,
donor cards, or online registration.
2. Deceased Donor Identification:
A potential deceased organ donor is identified when a person is declared brain dead or has
irreversible cessation of cardiac and respiratory functions while on life support.
Medical professionals conduct clinical tests and assessments to confirm brain death.
3. Brain Death Certification:
A panel of doctors, including neurologists and intensivists, certifies brain death independently
to ensure accuracy and eliminate any conflicts of interest.

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4. Family Consent:
The family of the deceased is approached to obtain informed consent for organ donation. It is
crucial to communicate compassionately and sensitively during this process.
5. Organ Procurement and Preservation:
Once consent is obtained, the organ retrieval process begins.
Organs must be retrieved under sterile conditions to ensure their viability for transplantation.
Organs are preserved using specialized techniques and transported to the recipient's hospital.
6. Recipient Matching and Transplantation:
Recipients are matched based on compatibility factors such as blood type, tissue type, and
medical urgency.
Surgical transplantation involves replacing the recipient's diseased organ with the donated
organ.
7. Post-Transplant Care:
Recipients require comprehensive post-transplant care, including monitoring,
immunosuppressive medication to prevent organ rejection, and follow-up visits.
Legal Framework:
The Transplantation of Human Organs and Tissues Act (THOTA) and its subsequent
amendments regulate organ donation and transplantation in India.
The act establishes guidelines for deceased and living organ donation, defines brain death,
and addresses issues related to organ trafficking.
Key Considerations:
The act prohibits commercial dealings in organs and ensures that no person benefits
financially from organ transplantation.
Living donors must undergo a comprehensive medical evaluation to ensure their safety and
willingness to donate.
Ethical considerations and patient welfare are paramount, requiring careful balancing of
donor and recipient interests.
Organ Procurement Organizations (OPOs):
Authorized OPOs play a vital role in coordinating the organ donation process.
They identify potential donors, counsel families, retrieve organs, and facilitate transplantation.
Awareness and Advocacy:
Various organizations, both governmental and non-governmental, work to raise awareness
about organ donation and its benefits.

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Initiatives like the National Organ and Tissue Transplant Organization (NOTTO) aim to
promote deceased organ donation across the country.

CHAPTER III: RULES AND LAW FOR ORGAN DONATION AND

HEALTH SCHEME APPLIED IN STATE OF BIHAR
Organ Donation Laws in Bihar:
The Transplantation of Human Organs and Tissues Act (THOTA) and its later amendments
set the rules for organ donation in Bihar. The removal, preservation, and transplantation of
human organs and tissues are governed by this law.
The THOTA establishes criteria for both living and deceased organ donation as well as
defines brain death.
Organ donation depends heavily on consent. The act places a strong emphasis on the donor's
informed consent, or that of their family in the case of a deceased donor.
The act, which forbids both the buying and selling of organs, aims to stop organ trafficking
and commercialization.
Health Schemes Applied in the State of Bihar:
The Bihar government has implemented various health schemes to improve healthcare access
for its residents. Some of the notable health schemes include:
Bihar Health Protection Scheme (Ayushman Bharat - Pradhan Mantri Jan Arogya
Yojana): This scheme provides health insurance coverage for economically vulnerable
families, offering financial protection against major illnesses and hospitalization expenses.
Jeevika Didi Scheme: Under this scheme, women known as "Didis" are trained to provide
healthcare services and awareness in rural areas, focusing on maternal and child health.
National Health Mission (NHM): While a central program, NHM operates in Bihar to
strengthen healthcare infrastructure, improve health services, and promote maternal and child
health.
Integrated Child Development Services (ICDS): This program provides essential health
and nutrition services to children and pregnant women, focusing on early childhood
development and care.
Bihar Universal Health Coverage Scheme: This scheme aims to provide access to essential
health services for all residents, especially those living below the poverty line.
Mukhyamantri Chikitsa Sahayata Kosh Scheme: This scheme provides financial
assistance for medical treatment to families living below the poverty line.

AMBULANCE SERVIES IN BIHAR:

GOVT. AMBULANCE HELPLINE NUMBER: 108

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 PRIVATE AMBULANCE HELPLINE NUMBER:
Aeromed International Rescue Services Pvt Ltd.,
Address: Ashiana MOD, Ashiana Digha Road, Sheikhpura, Opposite Vishal Aditya
Apartment, Patna (Bihar) – 800014
Phone No: +(91)-9711200400; 8800838108
Website: www.aeromedairambulance.com

Asha Ambulance Service

Address: Sashi Palace, Nala Road, Near Durga mandir, Kadamkuan, Patna (Bihar) –
800003
Phone No: +(91)-9334691234, 8757151890

Panchmukhi Air And Train Ambulance

Address: A/88 Anand Vihar, Ambedkar Path Bailey Road, Sheikhpura, Patna (Bihar) –
800014
Phone No: +(91)-7250509334; 8521959874

SERVICES AVAILABLE :
1. Basic life support
2. Advance life support

CHAPTER IV: INSURANCE POLICIES BY STATE OF BIHAR

The Mukhyamantri Jan Arogya Yojana was approved by the Bihar state cabinet in a
meeting on Monday. The scheme is expected to benefit about 89 lakh households, which are
not covered under PMJAY or the Ayushman Bharat Yojana.
Similar to PMJAY, the new health insurance scheme will most likely issue a card to all the
beneficiaries. The process of making these beneficiary cards will begin in May at the Suvidha
Kendra or empanelled hospitals. Also, the secondary and tertiary hospitalisation costs will be
sponsored by the state authorities.
At present, there are a total of 904 empanelled hospitals, including 208 personal hospitals,
under the Ayushman Bharat Yojana. The same hospitals will provide treatment to the
beneficiary families under the Mukhyamantri Jan Arogya Yojana.

CHAPTER V: PC & PNDT ACT 1994

The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, was
enacted and brought into operation from 1st January, 1996, in order to check female foeticide.
Rules have also been framed under the Act. The Act prohibits determination and disclosure of
the sex of foetus . It also prohibits any advertisements relating to pre-natal determination of

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sex and prescribes punishment for its contravention. The person who contravenes the
provisions of this Act is punishable with imprisonment and fine.

Recently, PNDT Act and Rules have been amended keeping in view the emerging
technologies for selection of sex before and after conception and problems faced in the
working of implementation of the ACT and certain directions of Hon’ble Supreme Court after
a PIL was filed in May, 2000 by CEHAT and Ors, an NGO on slow implementation of the
Act. These amendments have come into operation with effect from 14th February, 2003.

CHAPTER VI: SEX RATIO IN BIHAR

As per details from Census 2011, Bihar has population of 10.41 Crores, an increase from
figure of 8.30 Crore in 2001 census. Total population of Bihar as per lastest census data is
104,099,452 of which male and female are 54,278,157 and 49,821,295 respectively. In 2001,
total population was 82,998,509 in which males were 43,243,795 while females were
39,754,714. The total population growth in this decade was 25.42 percent while in previous
decade it was 28.43 percent. The population of Bihar forms 8.60 percent of India in 2011. In
2001, the figure was 8.07 percent.
Sex Ratio in Bihar is 918 i.e. for each 1000 male, which is below national average of 940 as
per latest census. In 2001, the sex ratio of female was 919 per 1000 males in Bihar.

REFERENCES:

https://medmonks.com/blog/organ-donation-rules-regulations-in-india
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779960/
https://indianexpress-com
https://biswass.bihar.gov.in/
https://www.quora.com/Which-health-insurance-policy-is-best-in-Bihar

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