Which of the following statements regarding the Transplantation of Human Organ and Tissues (Amendment) Act, 2011 are true: A. Commercial dealings in human organs/tissues punishable with imprisonment upto 7 years and fine upto ₹ 20,000. B. Any live donor younger than 18 years (minor) can not donate any organ/tissues. C. No provision for mutual organ swapping. D. Grandparents and grandchildren included as near relatives for the purpose of organ / tissue donation. Choose the correct answer from the options given below:
Transplantation Act 2011: Statement Analysis
We need to evaluate the accuracy of each statement based on the Transplantation of Human Organ and Tissues (Amendment) Act, 2011.
Statement A: Commercial Dealings Penalty
The Act prohibits commercial dealings in organs and tissues. However, the specified penalty (imprisonment up to 7 years and fine up to ₹ 20,000) is inaccurate. The penalties under the Act are more significant, typically involving imprisonment up to 5 years and a fine up to ₹ 20 lakhs.
Conclusion: Statement A is False.
Statement B: Minor Donor Eligibility
The Transplantation of Human Organ and Tissues (Amendment) Act, 2011 clearly defines eligibility criteria. It states that any person younger than 18 years (a minor) is not permitted to donate any organ or tissue.
Conclusion: Statement B is True.
Statement C: Organ Swapping Provisions
This statement claims there is no provision for mutual organ swapping. This is incorrect. The 2011 amendment explicitly allows for reciprocal altruistic donations (organ swapping or paired donation) under regulated conditions to increase organ availability.
Conclusion: Statement C is False.
Statement D: Near Relatives Definition
The Act defines 'near relatives' for organ donation purposes. The 2011 amendment expanded this definition to include grandparents and grandchildren, allowing them to act as donors or consent to donation.
Conclusion: Statement D is True.
Final Assessment
Based on the analysis, only statements B and D are accurate descriptions of the provisions under the Transplantation of Human Organ and Tissues (Amendment) Act, 2011.
Therefore, the correct option is B and D only.
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