Organ & Tissue Transplant- Policies, Technologies, etc.

Kidney Transplants in India: Law, Demand and Alleged Rackets

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Transplantation of Human Organs and Tissues Act, 1994

Mains level: Read the attached story

Kidney Transplants

Central Idea

  • The government has initiated an investigation into allegations that poor villagers from Myanmar were coerced into selling their kidneys to wealthy patients, with Delhi’s Apollo hospital implicated in the scheme.

India’s Transplant Law and Kidney Scams

  • India’s Transplantation Law: The Transplantation of Human Organs and Tissues Act, 1994, in India allows organ donations from living persons, primarily close relatives, and deceased donors.
  • Curb on organ trade: It strictly prohibits organ trade to prevent exploitation of the poor.
  • Previous Allegations: This isn’t the first instance of alleged kidney scams in India, with most rackets reportedly using forged documents to establish fake donor-recipient relationships.

Procedure for Legal Transplants

  • Documentation for Close Relatives: For living donations involving close relatives, both Indian and foreign nationals must submit identity proofs, family trees, relationship evidence, and financial status documents.
  • Scrutiny for Unrelated Donors: Donations from non-relatives require additional evidence of long-term association and undergo rigorous examination by an external committee to prevent illegal transactions.
  • Penalties for Illegal Organ Trade: The law imposes severe punishments, including imprisonment and hefty fines, for any involvement in organ trade or related illegal activities.

Kidney Transplants: High Demand and Target for Illegal Trade

  • High Demand: Approximately 2 lakh Indians annually reach end-stage kidney failure, necessitating transplants or dialysis, but only about 12,000 transplants occur each year.
  • Low Risk and Accessibility: Kidney transplants pose the least risk to donors and are relatively affordable and widely available in India, making kidneys a common target for illegal trade.
  • Organ Viability: Kidneys can survive outside the body for 24-36 hours, longer than lungs or liver, increasing their viability for transplants.

Addressing the Organ Supply Gap

  • Promoting Deceased Donations: Increasing awareness and promoting donations from brain-dead individuals can significantly enhance the organ pool.
  • Government Initiatives: The government has introduced an Aadhaar-linked donor registry to encourage deceased donations, which currently constitute only 16% of total transplants in India.
  • Reducing Transplant Necessity: Efforts are also needed to decrease the number of people requiring organ transplants.

Conclusion

  • Combating Illegal Organ Trade: The ongoing investigation into the alleged kidney racket highlights the need for stringent vigilance and adherence to legal procedures in organ transplants.
  • Enhancing Legal Organ Donation: Increasing public awareness and promoting legal avenues for organ donation are crucial steps in addressing the organ supply-demand gap and preventing exploitation in organ trade.

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