Human organ trade: Is enough being done.

ABSTRACT

In recent times, instances of illegal organ transplants are on a rise. Despite of strict regulations doctors, donors, middlemen and hospitals are indulging frequently in organ trade. Any organ transplant, if not done in accordance with transplantation of human organ act, 1994 is considered illegal in Indian law. The act permits any registered medical practitioner to transplant human organs for therapeutic purpose without any motive of financial gains, neither to the doctor not to the donor. Such procedures can be done by permission of appropriate authorization committee in any hospital, authorized by law for the purpose. Any adult healthy person can volunteer to donate tissues from his body to any needy patient; such donations can be made during ones life time if they don’t pose danger to ones life, after taking his consent or after his death (cadaveric donation) by permission of next of kin. If no consent (living will) is present, then also the legal possessors of body can allow removal, if they don’t have any reason to believe deceased’s refusal for the same. In hospital deaths, if bodies are unclaimed for 48 hrs after death then hospital can dispose the body and use the organs as directed by the deceased. Before certification of death proper diagnosis of brain stem death is to be made as per Harvard’s criteria. Live donations are exclusively made, to save the life of a patient, preferably by a near relative as defined in the act. Unrelated donations are made in inevitable circumstances, on approval by appropriate authorization authority [1]. Any transplantation which is not in accordance with transplantation of human organ act is illegal and doctor, donor as well as recipient can be punished. Punishment can be imprisonment upto 5 years and fine upto Rs. 10000/- or both. Whosoever, engages in commercial dealings in human organs is punished with imprisonment of 2-7 years and a fine of Rs. 10000 to Rs. 20000. When a doctor is convicted under the act, action is also taken by medical council. It can lead to temporary erasure of name from medical register for the 1st offence and penal erasure for subsequent one [1]. Unfortunately, even strict legislation has not deterred the offenders. Recent investigations made a shocking revelation of a village, Magadi in Bangalore rural area where people have been selling kidneys to pay their debts. This racket was traced extending to several nearby villages. Huge amount of money was being made by middle men depriving the donor of the sum assured [2]. Ignorance of law among donors, considerable monetary gains and feeling among offenders that they can easily get away from the law may be responsible for this growing menace. General awareness about the act among the masses is proposed along with a review of penal portion of the act and strict implementation of the provisions provided in the act to control illegal trade of human organs.