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13th December 2023 (8 Topics)

Kidney transplants in India: the law, the demand, the alleged rackets

Context

Organ donations and transplants in exchange for money are forbidden in India in order to protect poor and vulnerable donors from potential exploitation.

About

Government Orders Investigation into Kidney Scandal

The investigation alleges that impoverished villagers in Myanmar are being enticed into donating their kidneys to wealthy patients from the country.

Illegal Organ Trade and India's Strict Regulations

  • Prohibition on Organ Transplant:India strictly prohibits organ donations and transplants involving financial transactions, aiming to protect vulnerable donors from potential exploitation.
  • Regulations governing organ transplants: The Transplantation of Human Organs and Tissues Act, 1994 outlines the regulations governing organ transplants, ensuring stringent scrutiny and verification processes.

Apollo Hospital's Defense and the Authorization Process

  • Transplants conducted with proper authorization:Apollo Hospital, under scrutiny, contends that all transplants were conducted with proper authorization from the committee and certification from the Myanmar embassy, verifying the donors as relatives.
  • Authorization process: The authorization process involves thorough documentation, family tree verification, and interviews to establish the authenticity of the donor-recipient relationship.

The Challenge of "Kidney Scams" and Forged Documents

  • Kidney scams: Allegations of "kidney scams" have surfaced previously, often relying on forged documents to establish relationships between donors and recipients.
  • India's transplant law:India's transplant law is designed to prevent illegal dealings, particularly when it comes to organ transplants involving unrelated individuals.

Factors Contributing to Kidney Transplant Demand in India

  • Kidney transplants are highly sought after in India due to several factors.
    • Firstly, the demand is immense, with an estimated 2 lakh Indians reaching end-stage kidney failure annually.
    • Secondly, kidney transplants are the most cost-effective and accessible option, with a procedure cost of about Rs 5 lakh.
    • Thirdly, kidneys have a longer viability outside the body compared to other organs, making them a preferred choice for transplants.

Addressing the Supply Gap: Promoting Deceased Donations

  • Supply-demand gap: To address the supply-demand gap, experts emphasize the need to promote deceased organ donations.
    • Despite being ideal candidates for organ donation, only a small fraction of brain deaths result in organ donations.
    • The government's initiative to create an Aadhaar-linked registry of donors aims to increase awareness and encourage more deceased donations, potentially revolutionizing the organ transplant landscape in India.

Way Forward: Unraveling Complexities and Ensuring Ethical Practices

  • The ongoing investigation into the alleged kidney scam involving Apollo Hospital sheds light on the complexities surrounding organ transplants.
  • As India grapples with the challenges of demand and supply, it becomes imperative to strengthen regulatory frameworks, increase awareness about deceased donations, and ensure ethical practices in the field of organ transplantation.

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