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Organ Transplantation – Ethical, Legal And Human Rights In Medical Practices





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.

Komentáře


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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