Helen Mary Varghese & Rizlana Nazar PV, CUSAT, KOCHI
ABSTRACT
Organ transplantation, one of the greatest miracles in the history of medicine, has improved the lives of many worldwide. Yet the sanctity associated to this revolution has been tarnished by the various unethical practices that evolved duly. The presence of a growing middle class, the growing disparity between the rich and the poor, the advancement of technology, the lack of stringent punitive and effective legislations in the country makes the process of commoditization of organs simple, quick and attractive business. Transplant commercialism targets the impecunious or otherwise vulnerable groups which deliberately lead to inequity and gross injustice. The 5th principle on Human Cell, Tissue and Organ Transplantation envisaged by WHO, clearly prohibits the donation of organs for monetary or other benefits. The Transplantation of Human Organ (THO) Act accepted brain death as a form of death and made the commercialization of organs a punishable offence. Various state legislatures have also come up with legislations in their respective states to monitor organ transplantations. Despite the THO legislation and other related legislations, organ commerce and kidney scandals are regularly reported through the Indian media. Transparency and the role of Ministries in providing the data on donation and transplantation activity, Attainment of self-sufficiency by world regions and Increase in the scope of cadaver transplant becomes the need of the hour.
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