Author: Shereen Rodrigues
However, because there are more patients in need of transplants than there are donors, laws must be in place to prevent illicit conduct involving the sale of organ transplantation. Illegal Trading in human organs has taken on draconian proportions. The criminal market in human organs has surpassed the number of charitable donors. Organ and tissue transplantation has changed over the past 30 years from an experimental operation conducted only in highly developed countries to a therapeutic intervention performed in hospitals and clinics around the world thanks to advancements in medicine and surgery. Due to a lack of available organs, a robust global organ market has emerged, with kidneys being the most traded item. India is a rich ground for this trade because of a combination of poverty, substantial inequality, and pervasive corruption.
The country's expanding middle class, lack of a universal health insurance program, widening wealth and income gaps, and, to some extent, the use of technology all contribute to the commercialization of organs as a profitable business venture for some and a problem for others. Organ trade is a social issue in India. It has to do with taking advantage of those living in poverty by luring them in with money rewards that, on occasion, can be significant and satisfy their short-term financial demands right away. Organ donation necessitates an intrusive medical procedure with both physical and psychological consequences, unlike other comparable exploitative social circumstances.
2. ARE ORGAN TRANSPLANTS LEGAL IN INDIA?
The Transplantation of Human Organs Act (THOA), 1994 , was passed by the Parliament in 1994, and it went into effect in the states of Goa, Himachal Pradesh, and Maharashtra as well as all the Union Territories on February 4, 1995. Following that, all States followed it, with the exception of Jammu & Kashmir and Andhra Pradesh, which have their own laws governing the transplantation of human organs.
The Transplantation of Human Organs laws, which were last updated in 2014, expanding the scope of donation to include tissues for transplant.
2.1. FEATURES OF THE ACT
- It made organ donations legal in India.
- The authorization Committee must be organized at the State and Center levels and consist of a unique collection of experts.
- Only the medical professional who has registered with the authority will be given the responsibility of executing the procedure to remove the organs from the deceased's body.
- If no one in the family disagrees, the relative may consent on behalf of the deceased.
- It criminalized the sale of organs.
- Formalized the idea of brain death in India.
Manoj Kumar vs Central Bureau Of Investigation and Jeewan Kumar Raut & Anr vs Central Bureau Of Investigation
 In January 2008, police detained many people in Gurgaon, an industrial city near New Delhi, India, for running a kidney transplant racket. Haryana and Uttar Pradesh police searched Dr. Amit Kumar's home and guesthouse on January 24, 2008. The clinic scandal lasted six to seven years, according to Gurgaon police. Kidney donors were offered Rs. 30,000. First, they were promised jobs at the clinic. Those who refused were sedated and operated on against their will. Most of the transplant recipients were from abroad. Haryana police, issued arrest warrants. Dr. Kumar and his associates evaded the police raid after learning of impending arrests.
Dr. Amit Kumar and his associates performed 600 kidney transplants in the past decade, investigators said. At least two hospitals provided aftercare. Police established through fingerprints that Dr. Kumar had multiple aliases and had been arrested four times for illegal organ trade. 2 hospitals and 10 labs in Greater Noida and Meerut, near New Delhi, were also allegedly involved. Haryana police suspected Kumar had fled the country and asked CBI to alert Interpol. The Kumar siblings received red corner notices.
Nepal detained Dr. Amit Kumar on February 7, 2008. 35 kilometers from the Indo-Nepal border, he hid at a wildlife lodge. Five of the suspects were convicted by a CBI special court in March 2013. Dr. Amit Kumar, got seven years RI and a fine of nearly Rs. 60 lakh.
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