A STUDY OF SOCIAL, ETHICAL AND LEGAL ISSUES IN RETRIEVING ORGANS AND TRANSPLANTATION
C.L. Avadhani
, Dr. G. Udayasuriyan , Prof. K. Viyyanna Rao
Human Organ Donation; Retrieval; Transplantation; Harvesting; NOTTO; ROTTO; SOTTO; Human Organ Tissue and Transplantation Act; Brain Death; Legal Provision; Ethical and Religious beliefs
A Golden Chapter in the Healthcare History is Transplantation of Human Organs and Tissues from One person (Dead/alive) to save another person’s life who is on the verge of losing the life and there is no other way except to replace the damaged or non-functional Organ. This Healthcare procedure is in the news from many decades but it gained prominence from 90’s only. Many countries including India passed Legislation supporting Organ and Tissue Harvesting, Retrieval and Transplantation is legally allowed. However every country will have their own laws in accordance with theprevailing Local environment of that country. There are two types of Organs and Tissues Harvesting, Retrieval; one is from the dead and the other is living person. For example, a living person can donate one kidney but can live as before throughout the life with One Kidney. Likewise a person can donate part of the Liver to another because in due course of time the Liver will grow as before but not with the Original shape. Transplantation of Bone Marrow is another example for treating Bone Cancer Patients. Likewise skin can be grafted taking it from the Donor and giving it to the Recipient. However, this Organ Transplantation has shown the path of illegal Organ Trafficking taking advantage of ambiguity/interpretation of the existing Legal System. For example, ‘near relative’ and ‘nearest relative’ etc., in certain conditions the Traffickers are producing forged and fabricated documents to prove the relationship and the consent for donation and this is due to some Healthcare Professionals and Providers joining hands with Third Parties for monitory gains from the rich and exploiting financial conditions of the poor. It is time that the Government NGO’s like Mohan Foundation who are doing the Yeoman Service in educating the public and bringing awareness in them and the importance of Organs and Tissue Donation to save the lives of the persons who are on the brink of death. Though many religions have accepted Organ Donation as a charity but still there are people who believe in religious faiths, community customs and rebirth etc., This article tried to focus on the most relevant factors of Organ harvesting, retrieval and transplantation with reference to Legal system prevailing in India as of now, and about illegal organ trade with the help of Judgment pronounced by the Apex Court and various High Courts in India.
"A STUDY OF SOCIAL, ETHICAL AND LEGAL ISSUES IN RETRIEVING ORGANS AND TRANSPLANTATION", IJSDR - International Journal of Scientific Development and Research (www.IJSDR.org), ISSN:2455-2631, Vol.7, Issue 7, page no.225 - 261, July-2022, Available :https://ijsdr.org/papers/IJSDR2207033.pdf
Volume 7
Issue 7,
July-2022
Pages : 225 - 261
Paper Reg. ID: IJSDR_200887
Published Paper Id: IJSDR2207033
Downloads: 000347258
Research Area: Medical Science
Country: Vijayawada, NTR District, Andhra Pradesh, India
ISSN: 2455-2631 | IMPACT FACTOR: 9.15 Calculated By Google Scholar | ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.15 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publisher: IJSDR(IJ Publication) Janvi Wave
