Essay Example on Indian Act that practice of medicine regarding the transplantation of Organs








Despite the provisions of the Indian Act that practice of medicine regarding the transplantation of organs is unregulated and numerous problems arise For instance even though there are numerous reports of complaints of racketeering in organs being laid with the State Medical Councils the complaints are never investigated The Councils seem to have ignored such complaints and this leads to exploitation of organs and a thriving of black market trade in organs The other major problem that exists in India is that the majority of the population live below the poverty line in areas with weak regulatory systems regarding organ procurement This leads to exploitation of the poor for money and their lack of protection weaknesses in the implementation and enforceability of the Indian Act As stated in the Lancet The success of transplantation as a life saving treatment does not require nor justify victimizing the world's poor people as the source of organs for the rich The Indian Act is an example as stated before of despite having legislation in place to prevent organ trafficking the black market still thrives as stated above This is influenced by factors such as poverty and people in dire need of money to meet their needs There is also insufficient regulatory work being done in this aspect to implement the Act correctly so despite the Act criminalising the selling of organs the system is flawed and the trafficking of organs thrives Ideas elicited from these international instruments and models that will benefit the world wide organ shortage problem South Africa and that will curb the black market organ trafficking syndicate

The Declaration of Istanbul and Palermo Protocol make the principles clear that collaborative partnerships between States and the States should establish specific penalties and define the crimes relating to organ trafficking specifically The other countries and the different systems that they employ to deal with organ transplantation and to curb organ trafficking is important to note as possible ways forward in the fight against organ trafficking The UK has the HTA which is a good idea to employ to curb organ trafficking The UK also employs specific penalties for trafficking of organs which is good as does not leave room for interpretation and hence could lead to exploitation The Iranian model is most commendable as it caters for compensation for the donors through hospital services The Singapore model of the opt out system and the DATPA is also a good model as it curbs the organ shortage problem The Spanish model which has the ONT and the cadaver donations seems to be an effective model in curbing the organ shortage problem The Indian model is a good which illustrates that despite legislation being in place there still exist exploitation of the poor for their organs All these countries to the exception of India are successful in the models that they have established to some extent but as discussed above some still have flaws Will these models and ideas be effective in another country with a different economic status and economic status of the people In a country such as South Africa will any of these models work given the economic status of South Africa and South Africans In conclusion it has been shown that there are aspects in the current legislation in India which does not specifically define organ trafficking transplant tourism and transplant commercialism Similarly there is a lack of specific penalties for people who are caught contravening the sections relevant to organ trafficking 

There needs to be amendments to the legislation to either criminalise organ trafficking specifically or to allow for the living unrelated donors to be allowed to donate their organs and receive either an incentive or payment provided it is under strict regulation as stated above It would also be useful for India to include in its legislative amendments the principles objectives and proposals of the Declaration of Istanbul and the Palermo Protocol and some of the provisions in the UK Iran Spanish and the Singapore legislatures and models as discussed above The following conclusions are recommended for possibly preventing organ trafficking and the organ shortage problems worldwide and in India Define aspects such as organ trafficking transplant tourism and transplant commercialism Authority such as the UK Human Tissue Authority to be established Incentives health insurance and allowance for non related donors Transplant Ethics Committee and the opt out system ONT and cadaver donations Criminalising sale of organs The above mentioned proposals will only be as effective as the resources available in each country and for India which has a scarcity of resources some of these proposals put forward will take years to implement to fully bring India on par with other first world countries such as the UK and Spain mentioned above In the meantime these proposals could be progressively realized such as the incentivized system or provision of health insurance provided to donors as proposed by the Iranian model and creating legislation that specifically defines the terms of organ trafficking transplant commercialism and transplant tourism as well as the rights which will be given to victims under the proposed legislation within the availability of Indian resources and if consistently applied through the years will be the answer to solving the organ shortage Regarding the worldwide problem these proposals will also be a good way forward for countries that do not have such effective organ transplant systems to try and incorporate these ideas based on the country's individual needs and also with help through collaborative partnerships

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