Workshop Report

One Day Workshop on

Legal Aspects of Human Organ Transplantation

Date: 26th September, 2017

Organized by

Shree Dharmasthala Manjunatheshwara Law College And

Centre for P.G. Studies & Research in Law, Mangalore,

D.K

One Day Workshop on

Legal Aspects of Human Organ Transplantation

Date: 26th September, 2017

Inaugural Session

Date: 26th September, 2017 Time: 09:30am Venue: Conference Hall

Inaugurator & Key note address: Dr. M Shantharam Shetty Pro Vice Chancellor

NITTE University

Chief Guest: Dr. G Shreekumar Menon

Registrar

Yenepoya University

Mangalore

President: Dr Tharanath

Principal/Chairman

SDM Law College

Open House, Feedback and Certificate Distribution: Time: 3:45pm-4:30pm

Dr.Tharanath

Ms.Chandralekha Principal & Chairman

Faculty Coordinator

Arrival of Guest

Master of Ceremony Welcome address by Ms Chandralekha V

Welcome to Dr. Shantharam Shetty Welcome to Dr. Shreekumar Menon

Welcoming to Dr (Prof) Sairam Bhat

Inauguration of National Workshop by the Dignitaries

Delegates Delegates

Key note address

The workshop was inaugurated by Dr.M. Shantharam Shetty, Pro Vice Chancellor, NITTE

University. In his key note address, he mentioned about the history of donations and

transplantations, where first transplant happened long back in 1600s, the first Kidney

transplant took place in the US in 1954. He did speak about the current situation in India

as to how the Demand for organs is falling short of supply, as a result of which people

are selling their organs in the black market. Due to this and the Higher costs, only the rich

can afford and the poor are left out. He also elaborated on the tedious procedure in the

past for a donor to donate his organs and how, the authorities have simplified

Address by Chief Guest

The Chief Guest of the workshop was Dr.G. Shreekumar Menon, Registrar, Yenepoya

University, Mangaluru. He told that ‘’ the measure of human life is not by its duration

but by its donation”. One human being can save 8 lives, but excessive commercialization

of medical profession has led to corruption. Enforcement of Human Organ

Transplantation Act (HOTA) has not been easy as it is entangled in a legal- bureaucratic

mould with the Doctor’s sandwiched in between

Presidential Address By Dr. Tharanath, Principal SDM Law College

Vote of Thanks By Prof Mahesh Chandra Nayak

Technical Session-I

10.15 am-11.30 pm

Theme: Human Organs Transplant Act (HOTA) in 1994- An Overview

Resource Person: Dr. Prashanth Marla, Medical Director and

CEO, AJ Hospital and Research Centre

Chair person: Prof Maheshchandra Nayak, Associate Professor, SDM

Law College

He dealt with the medico legal aspects of the human organ transplantation. He stated

that there is lack of registration by people for organ donation. People don’t come

forward for donation and at the same time there is large requirement of organs.

He stressed more on renal transplantation and explained the two methods of kidney

transplant- hemo dialysis and peritoneal dialysis. Also the cost of transplantation and

maintenance is high coming up to 4lakhs. Along with that organ cannot be put directly.

As body has tendency to reject organ or any foreign object, so several test is required to

be done.

Looking at the statistics, currently 21,000 kidneys donations are required. However, only

3,500 surgeries are done annually due to shortage of organs. He mentioned that brain

dead people are the best volunteer for donation as they don’t need it.

At last he ended by saying “heaven do not need organs, but those organs can make

heaven on earth”.

Technical Session-II

11.45am– 1.00 pm

Theme: Legal and Ethical Dimensions of Organ

Transplantation

Resource Person: Dr Sairam Bhat, Professor of Law, NLSIU,

Bangalore

Chair person: Prof. Naresh M, Assistant Professor, SDM Law

College

He discussed the legal aspects of human organ transplantation. He raised various

questions like - Why the act on organ transplantation required? Why commercialization

of organ banned? Is there any gender bias in donation? What is the motive of donation?

He mentioned that the act was brought into existence to protect the people from

exploitation in the hands of rich and greedy people. The act was made by the central

government. However, health being a subject of state, implementation of the act is

within the limit of state. Also, he stated that women are preferred over men as women

don’t get renal diseases easily.

He ended by discussing the “Aruna Shanbaug” case and mentioned that brain dead

person is the best and potential organ donors.

Technical Session-III 2.00pm – 3.30pm

Theme: Ethical Issues Relating to Organ Transplantation

Resource Persons: Dr. Jagadish Rao, Associate Professor, Dept. of Forensic

Medicine, KMC Mangalore

Chair person: Mrs Sharika, Assistant Professor, SDM Law College

He started by saying that transplantation is a miracle where an organ is donated to

another person so that he can survive and live a normal healthy life. He dealt with the

ethical aspects related to the organ donation. He said that there is need for increase in

organ donation by people to meet the current requirement of organ until there is

availability of artificial organs.

He mentioned about laws in countries like USA, Denmark where in case of deathly

accidents there is considered to be a presumed consent and organs can be extracted

without expressed consent. Then he explained the priority of organ donation and said

that those who are dangerously wounded are given priority first without regard to rank

and distinction. Those less severely wounded must wait until the gravely wounded have

been operated.

At last he ended by highlighting the guiding principles in organ transplantation issued by

WHO and stated few points like donor should not have any restrictions, donor should

not be a minor, advertisement for availability of organ is not appreciated and medical

practitioner should avoid getting into commercial organ transaction.

Certificate Distribution

MC For Technical Session Vote of Thanks

Press Coverage

Udayavani 27/09/2017

Prajavani 27/09/2017

Patrons

Padmavibhushan

Dr. D. Veerendra Heggade

President, SDM Educational Society(R), Ujire

&

Dr. B. Yashovarma

Secretary, SDM Educational Society(R), Ujire

Organizing Committee

Dr. Tharanath

Principal/Chairman, SDM Law College, Mangalore

9449371918

Mrs. Chandralekha Faculty, SDMLC

9481916569

Ms Athulya, Student Secretary,

Ms Meghna R. Anand, Student Coordinator

Ms Akhileshwari, Student Coordinator

Conference/Workshop/Seminar Committee

SDM Law College