The Reality of Kidney Transplant and Sale in Kolkata

India's stringent laws against organ donation and sale, particularly the Transplantation of Human Organ Act 1994, strive to protect individuals from the physical and ethical dilemmas posed by such practices. However, the increasing demand for kidneys has led to a thriving underground market, where selling a kidney is not only illegal but also highly risky. This article aims to explore the current situation regarding kidney sale in Kolkata and the legal implications.

The Illegality of Organ Sale in India

According to the Transplantation of Human Organs Act 1994, selling kidneys or any other organs is illegal in India. This act, enacted in 1994, aims to regulate organ donation and transplantation, prohibiting commercial deals in human organs. The law mandates that organs can only be donated by close relatives or deceased individuals, ensuring that the practice remains compassionate and ethically sound.

Despite the existence of stringent laws, the demand for kidneys remains high. Open internet forums continue to thrive, with people offering kidneys for sale. The act also states that if you are caught selling an organ, you will be booked under the Indian Penal Code (IPC), which carries severe legal repercussions.

The Financial Aspect and Immediate Decision

Many individuals in financial distress might consider selling a kidney as a last resort. In theory, one kidney could fetch around Rs. 6 lakhs in India, which is a substantial sum. However, the immediate and long-term risks associated with such a decision should not be overlooked. The process of undergoing a kidney transplant and ensuring the donor’s health must be a priority.

To help patients in financial distress, there are legal avenues available that do not involve the illegal sale of organs. For instance, there are welfare schemes, charitable organizations, and financial aid programs designed to assist those in need.

The Demand for Kidneys in India

The demand for kidneys in India is significantly higher than the supply. According to recent data from the Health Resources and Services Administration, there are approximately 17 people who die each day while waiting for an organ transplant. Currently, there are between 1,000 and 6,000 people on the national transplant waiting list. This highlights the urgent need for organ donations.

While public health institutions handle more accident trauma patients, private hospitals drive the increase in donations and transplants. Government hospitals continue to face challenges in increasing donation rates, and it is crucial to upgrade their facilities to meet the demand.

The Legal Framework in India

India’s Transplantation of Human Organs Act 1994 and its 2011 amendment aim to regulate organ donation and transplantation, prohibiting commercial deals in human organs. The Act recognises brain death as a form of death, allowing for the beginning of solid organ transplants and protecting the rights of potential donors.

The 2011 amendment also introduced a mandatory inquiry process and a system for the removal, storage, and transplantation of organs. Additionally, it established the National Organ and Tissue Transplant Organisation (NOTTO) to regulate organ donation and transplantation, promoting deceased organ/tissue donation and establishing effective systems for procuring and distributing organs.

The Ethical and Moral Consideration

The sale of organs is a deeply ethical issue in India, with many religious and cultural beliefs that prohibit the commercialization of human life. Organ donation is not outlawed under Hindu or Islamic law, but selling organs is highly frowned upon. Academic scholars and religious authorities have issued fatwas and fatwas that advocate for the donation of organs over their sale.

While there is a high demand for kidneys, selling organs is illegal and highly unethical. Individuals should seek legal and safe alternatives to financial distress, such as welfare schemes and charitable organizations that provide financial assistance without compromising on ethical and health considerations.