Section 19A of The Transplantation of Human Organs and Tissues Act, 1994
1[19A. Punishment for illegal dealings in human tissues.--Whoever--
- (a)makes or receives any payment for the supply of, or for an offer to supply, any human tissue; or
- (b)seeks to find a person willing to supply for payment and human tissue; or
- (c)offers to supply any human tissue for payment; or
- (d)initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human tissue; or
- (e)takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause (d); or
- (f)publishes or distributes or causes to be published or distributed any advertisement--
- (i)inviting persons to supply for payment of any human tissue; or
- (ii)offering to supply any human tissue for payment; or
- (iii)indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (d); or
- (g)abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human tissues as a near relative or by reason of affection or attachment towards the recipient, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall be liable to fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees.
Summary
- Buying, selling, or offering to buy or sell human tissues for payment is a punishable crime.
- Running or managing any group, company, or firm that arranges paid tissue deals is illegal.
- Publishing or distributing advertisements that offer human tissue for money, or ask for paid tissue donors, is against the law.
- Helping someone create or submit fake documents, such as false statements claiming a donor is a close relative donating out of affection, is an offence.
- The punishment for these illegal dealings is a prison sentence of one to three years, along with a fine ranging from five lakh to twenty-five lakh rupees.
Practical examples
FAQ
1. Is it illegal to just print an advertisement looking for paid tissue donors?
Yes, publishing or distributing any advertisement inviting people to supply human tissue for payment is a punishable offence.
2. What happens if I help someone fake their identity to look like a close relative for a tissue donation?
Helping to prepare or submit false documents, like fake affidavits claiming a close relationship or deep affection, is punishable with jail and a heavy fine.
3. What is the exact penalty for selling human tissue?
The punishment is one to three years in prison and a fine ranging from five lakh to twenty-five lakh rupees.
Test yourself
Q1.Under Section 19A of The Transplantation of Human Organs and Tissues Act, 1994, which of the following is the minimum fine for illegally dealing in human tissues?
Q2.Under Section 19A of The Transplantation of Human Organs and Tissues Act, 1994, which of the following actions regarding advertisements is considered an offence?
Q3.Under Section 19A of The Transplantation of Human Organs and Tissues Act, 1994, what is the maximum prison sentence a person can receive for negotiating a paid arrangement for human tissue?
Q4.Under Section 19A of The Transplantation of Human Organs and Tissues Act, 1994, what specific type of false document is explicitly mentioned as an offence to help prepare?