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Is Kidney Sale Legal In India?

Paying for human organs is illegal in India, which means No, Kidney sale is not legal in India. However, there are specific laws regarding not only organ transplants, but organ donations as well. And in today’s post, we’ll discuss just that, so let’s get to it then, shall we?

Kidney Sale

What’s The Law Regarding Organ Donations and Transplants in India?

See, the Transplantation of Human Organs Act was passed in the year 1994, which was one of the most important laws in India regarding organ donations and transplants. It states that brain death is the real cause of death and prohibits selling human organs. The goal of this law is to control how organs are removed, stored, and transplanted to stop any business-related activities. Changes made to this law in 2011 added organ swapping and let more family members, including grandparents and grandchildren, donate organs. These changes also made it necessary to have Transplant Coordinators to manage the transplant process.

Similarly, established by changes made in 2011, the National Organ and Tissue Transplant Organization plays a pivotal role in the regulation of organ donations in India. It works with state and regional groups to make sure that organ and tissue donations are done right, to give them out fairly, and makes the policies and checks the rules are followed properly with regard to organ donation and transplant by NOTTO.

There are several important ethical and social questions related to organ donation. Giving an organ as a gift is a risky donation from a living donor and, in turn, raises several big ethical questions. This includes problems like transplant tourism where rich patients buy organs from poor people, often from other countries. How organ donation is viewed and accepted in India also greatly depends on the religious and cultural beliefs of people.

Case Studies on Illegal Kidney Trade

India has seen many well-publicized cases of illegal trade in kidneys, which highlights the ills plaguing the system. This, in turn, shines a spotlight on the desperate lengths to which some people go, since there is not enough legal donation of organs. Such events led to more checks. There were abuses, and there were calls for stricter law enforcement to stop the abuse and illegal organ trade.

Many challenges still face organ donation in the country even with the presence of such laws. For instance, a good number of people lack awareness, while others still believe in certain myths that stop them from donating organs. It also presents problems with how these laws are implemented and how the rules have huge gaps, really making things complicated. There’s also the ethical issue of possibly taking advantage of people who don’t have much for organ donations.


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