When an allegation is raised in an incident, the government first tries to make the laws related to that sector more stringent. Whether it is food poisoning, construction of buildings or backdoor appointment, the law will be made strict after a controversy arises. Although legislation can quickly put out the fire and smoke of the incident, we often see the same crime getting repeated in the same sector after a while. When it was alleged that organ trade was going on under the guise of organ transplant with the connivance of doctors, the government made the related laws more stringent. As a result, organ transplants have almost come to a halt in government hospitals. Meanwhile, organ transplants are taking place in private hospitals as people are willing to spend large sums.
It is the poor who usually suffer when the laws become stringent. It has to be assumed that doctors have backed away from confirming brain deaths after the government imposed stringent conditions for confirming brain death. The number of deaths due to brain death is decreasing in Kerala with each passing year. The reason for this might be that doctors are unwilling to confirm such deaths due to stringent conditions and responsibility. It is the doctor who will have to face legal action in case of a controversy or a case. Only 14 brain deaths were confirmed in Kerala last year. Meanwhile, 3702 people have registered for receiving organs and are waiting for organs to regain their lives! Only two brain deaths were confirmed last year in government medical colleges. The remaining 12 cases were reported in private hospitals.
In case of organ donation after brain death in private hospitals, one kidney should be provided to the government sector. Other organs can be donated to the patients of the private hospital. Doctors often refuse to confirm brain deaths fearing attacks by the relatives of patients. Even after understanding that brain death has taken place, the relatives of patients ask doctors not to withdraw ventilator support. Due to emotional reasons, they are not ready to accept the death of the patient until the heart stops beating completely. There is a limitation to the doctor's intervention as disputes arise among the close relatives themselves in this regard.
With the government going to start a special institute in connection with Kozhikode Medical College exclusively for organ donation, it should be ready to correct the current laws that can be a reason to prevent organ donation. One of the most exciting prospects contemporary medicine offers is the ability to extend life by receiving an organ. The government should pass legislation and raise public awareness to support and promote organ donation. The legislation shouldn't force an end to organ donation.