[Answered] “Illegal organ trade is not only unethical but is a serious crime against humanity and society as a whole.” Comment.

The organ transplantation helped in saving many lives. In India, ‘The Transplantation of Human Organs Act 1994’ is the only legislation that regulate organ transplantation. But due to lack of implementation of policies and various loopholes organ transplantation has become a trade flourishing illegally. It impact society and is unethical endangering human rights.

An unethical act against humanity and society: Illegal organ trade not only jeopardise the holy cause of saving someone’s life but it also endangers life of another healthy individual. It is highly unethical act as it lead to:

1. Medical immorality: Doctors are taught to save people’s life. Illegal organ trade not only violate medical ethics, but also break trust between doctors and patients. Often doctors lure patients for money through wrong information or giving half knowledge about the effects of organ transplant on the donor.
2. Issue of Consent: Consent is the must for any organ donation activity. Donors must know all the implications of donating their body part. Illegal, forceful organ donation without knowledge of patient is a crime against humanity and violate human rights of life. It put life of donor in danger. The donor must be fully informed of the nature of the procedure and the possible complications.
3. Impact on health: The removal of the tissue or organ may impair the health of the donor. It may impact patient’s immunity and put his life in danger. Many studies have found an increased threat of medical diseases like the transmission of HIV and the hepatitis B and C viruses associated with illegal organ donations. Donors do not receive follow-up care, due to financial and other reasons which endanger their life.
4. Economic affects: The money given to the recipient is lesser than he suffer. Sometime patients are ripped off from their organs without their knowledge without giving any amount of money. Research shows that the underlying motivation of most organ donors is poverty, and economic benefit after donation is limited or even negative because of the limited employability of such patients and the deterioration of their health.
5. Human trafficking: There is gap in demand and supply for organs. This lead to human trafficking from neighbour countries and in India for organ donation. Many women, men and child are kidnapped and are trafficked for illegal organ trade.
6. Impact the most socially disadvantaged: Organ donation is mainly done by donor due to economic needs. Mostly poor are the ones who bear the cost of illegal organ trade. Further, street children, women and migrants are always at the high risk due illegal organ business.
7. Failure of state: Illegal organ trade reflects administrative failure and failure of state to pull people out of poverty, who are forced for organ donation for money. This reflect failure of society as a whole.
8. Affect the close ones: Donating organ sometimes limit the ability of donor to do heavy work. This impact employability of donor impacting food and economic security of whole family. Also illegal organ trade don’t involve the close relatives such as the spouse or adult children, of whom consent is also important.

What should be done?

1. India should adopt the Spanish system of “presumed consent” where everyone, post death, is considered as a donor unless one has opted out of the process during his life time. This will plug Demand supply gap.
2. Many organs can be easily transplanted from a brain dead person like kidney, eyes, lungs etc. Though retrieval of organs from brain dead persons was legalised in India in 1948, there are several hurdles before cadaver donation programme in India can be made successful.
3. An organ may be removed from the body of an adult living donor for the purpose of transplantation if the donor gives free consent. The donor should be free of any influence and pressure and should be sufficiently informed about the risks, benefits, and consequences of consent.
4. No organ should be removed from the body of a living minor for the purpose of transplantation.
5. Giving or receiving payment (including any other compensation or reward) for organs should be prohibited.
6. Organs should be made available to patients on the basis of medical need and not on the basis of financial or other considerations.

Although organ transplantation is important to save human lives but there are issues involved in it. Illegal organ trade which endanger human rights should be strictly dealt by laws and regulations. Culprits should be punished. Further a collective effort of government, states, civil society is required.