Essay – Organ trafficking
Organ trafficking Essay: The trading of human organs such as heart and kidneys, tissues and other body parts for transplantation in other human beings non-consensually is called organ trafficking. It is necessary in case of medical emergencies, however, its commercial purposes lead to exploitation, most of the weaker section of society and the deprived. Organ trafficking is motivated by shortages of organs in organ banks and an incongruent increase in deaths. According to ESRD organ trafficking occurs at 100 per million people.
Discussion
Organ trafficking in India is an illegal trade carried out in the most discrete of manners. The illegal trade is mostly concentrated in major metropolitan centres of the country like Mumbai, Delhi, Bangalore and Chennai. Most of the surgeons operating in the illegal organ trade belong to poverty-stricken rural areas and slums and collaborate with million-dollar private hospitals and top doctors. As discrete as the trade is, a few facts have surfaced about organ trade.
Individuals associated with organ trade or those who are compelled to have been subjected to it are trying to relieve themselves of debt. In addition to gaining financial independence, the money earned from trading organs is used in marriages, to carry medical expenses and education for the urchins. The two striking facts of organ trade is the magnified role of women in illegal transaction such as nurses, caretakers and sanitary workers of hospitals and nursing homes and the other is alcoholism. The male members of the families indulge in the organ trade merely sustaining their alcoholism.
The right against exploitation assures the citizens of India a right of safeguarding themselves against heinous crimes such as organ trade. Article 21 grants every citizen the right over their bodies as an integral part of their rights. Individuals are permitted to move the court against anyone who is associated with the organ trafficking of urchins and senior citizens for financial transactions and the accused is legally punishable under section 360(3) of the Indian Penal Code in accordance with the Transplantation Of Human Organs Act 1994.
In contradiction to the popular belief of the stringent act of 1994, individuals are permitted to go through an organ transplant in medical emergencies involving organ failures. This has to be executed with formal consent, i.e proper government documentation. However, consensual donation is ineffective in case an individual has consented to organ donation after death and the kin folk of the deceased do not permit it. Likewise, the regulation of the act prevents organ trafficking during times of increase in demand for organs at organ banks. The flaws of the 1994 act were amended in an act passed in 2011 where relatives are permitted to donate organs provided the doctors notify authorities of such transplants.
Conclusion
In conclusion, organ trafficking remains an aspect of crime that needs to undergo a serious and thorough study in order to explore different means and laws to prevent illegal and non-consensual trade and trafficking of organs. Despite the regulations established by the constitutional amendments of 1991 and their rectifications in 2011, it is a rampant business with barely any regulations to prevent it.
FAQs:
Q1. What is human trafficking in India and how frequently does it occur?
Ans: The trading of human organs such as heart and kidneys, tissues and other body parts for transplantation in other human beings non-consensually is called organ trafficking. According to ESRD organ trafficking occurs at 100 per million people.
Q2. Which provision of the constitution safeguards individuals against organ trafficking?
Ans: Article 21 grants every citizen the right over their bodies as an integral part of their rights.
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