There are many people in India who need kidney transplants but they have to wait a long period of time. This problem always makes people think whether selling a kidney is allowed or not. The problem is made worse by financial problems, lack of knowledge, and expensive medical costs. Indian law on the other hand, is very strict about trading of any types of human organs for profit in order to defend human dignity and stop exploitation.
Is it legal to Trade Human Kidneys in India?
Absolutely not, It is against the Indian law to buy or sell kidneys. The Transplantation of Human Organs and Tissues Act (THOTA) of 1994 specifies the rules for organ transplants. In 2011, the law had changed to make this more strict. This law makes it very clear that you can’t trade human organs, in exchange of any kind of money.
People can get severe punishment if they caught buying and selling of organs for money. This punishment applies to both brokers and medical personnel who are involved in illegal transplants, as well as donors and recipients who know they are taking part in such transactions.
When Is Kidney Donation Allowed?
Trading a kidney is always against the Indian law but donating the kidney for any valid reason is permitted under some situations. People can donate their kidneys if they choose to and for free of cost. Without taking any type of permission a person can donate his kidney to a close family member like parents, Kids, Spouse, Sibling or grand parents.
But if the donor is not a close family member then an Authorization Committee must look over the case. This committee makes sure that the donation is voluntary, real and not motivated by the money. Such types of transplant is allowed after a detailed review only.
Reason Behind the Ban on Kidney Sale:
There is ban on trading kidneys is intended to protect those people who are less wealthy. There has been a lot of kidney rackets in the past in India, when poor & needy people were forced to sell their kidneys for money. These actions raised very significant medical, moral and human rights issues.
Generally those People who sell organs have health problems for a long period of time, usually don’t get the proper treatment after the surgery and don’t get much money. The law wants to stop such types of abuse and make sure that organ transplants are still moral and kind.
Illegal Kidney Trade and Its Risks:
Despite of the strict law, illegal kidney selling still happening secretly in India. Such types of of businesses regularly use fake documentation, middlemen and dangerous medical practices.
Participating in such types of things is really risky. Insecure procedures might leads to Organ failure, infections or even death in addition to legal problems. People who illegally buy or sell kidneys in India can be prosecuted making it risky & illegal.
Promotion of Ethical Alternatives:
The Indian government actively promotes organ donation from dead people to cut off the illegal organ trade. Organizations like NOTTO aim to build awareness, keep tracking of patient waiting lists and make sure that organs are given out or donated correctly. Encouraging postmortem organ donation is treated as the most ethical and sustainable solution.
Conclusion:
Trading kidneys is always against the Indian law and can get you in danger under the Transplantation of Human Organs and Tissues Act.
People can only give away or donates their kidneys to their family members or close relatives willingly without taking any money then only it’s allowed by the law. The law sets ethical medical practices and the safety of vulnerable people first. One of the best way to deal with organ scarcity without violating the law or morals is to create awareness about organ donation.