BATTLE OF HUMAN ORGANS: ORGAN TRAFFICKING

INTRODUCTION
Trafficking in human beings for the purpose of organ removal and human organ trade are
universally condemned. However, despite efforts to curb and to elucidate the illegal nature of the
practice, the buying and selling of organs continues, involving patients travelling to countries
throughout the world. It has been estimated that approximately 10% of all transplants may occur
illegally. Before travel, patients will often of necessity and discuss their plans with their home
jurisdiction health care provider, usually a physician who is a transplant professional, a nurse, or a
social worker. This interaction may include questions about the transplant process and the
destination country and/or a request for relevant medical records and supporting documentation. In
addition, returning patients will often re-engage with their home country physician for their
required follow-up care.

Given this interaction, physicians and other health care professionals seem well placed to play a
role in the monitoring and, perhaps, the reduction of organ trafficking practices. They serve as
important sources of information for patients and may have access to information that can be used
to gain a greater understanding of organ trafficking networks. However, well-established legal and
ethical obligations owed to their patients can create challenging policy tensions that can make it
difficult to implement policy action at the level of the physician/patient.

Organ trafficking is the least profiled and understood form of human trafficking. It often involves
the intersection of donor, recipient, medical experts and organized criminal groups facilitating the
trade. Organ trafficking is the sale and purchase of human organs for transplantation is a
widespread crime. Estimates put the worldwide number of commercial transplantations that
involve payment for the organ at about 10,000 annually, roughly 10 percent of all transplantations.
In most cases, the organ is a kidney, sold by a living person illegally. Many countries have laws
that prohibit the selling and buying of organs and ban physicians from transplanting organs
obtained through payment. This practice is also banned by the World Health Organization, which
requires organ donation to be altruistic.

AIMS AND OBJECTIVES-

1. The main objective of this research is to exploring the global patterns of organ trafficking in
India.
2. To take a critical review of the legal control mechanism to stop illegal organ
transplantation.
3. To highlight the physical and psychological harm caused to victims of organ trafficking.
4. To discuss the alternative approaches to deal with the problem of organ trafficking.
RESEARCH QUESTIONS-
1. What is reason for increasing number of cases of organ trafficking?
2. What kind of individuals and organizations are involved in organ trafficking?
3. Whether there are proper laws available to deal with the problem of organ trafficking?
4. Whether there are any loopholes in laws available for combating organ trafficking?

LITERATURE REVIEW-
1. Dr Lawrence Cohen in this article has discussed about his extensive studies in India
regarding Organ trafficking. He has interviewed kidney donors, transplantation doctors, and
government officials from different parts of India. According to Dr Cohen, there appears to
be a nexus between medicine, politics, industry and the kidney scandals. However, most of
this cannot be substantiated.1

2. In this article, the author says that the physicians and other health care professionals seem
well placed to play a role in the monitoring and, perhaps, in the curtailment of the
trafficking in human beings for the purpose of organ removal. They serve as important
sources of information for patients and may have access to information that can be used to
gain a greater understanding of organ trafficking networks. However, well-established legal
and ethical obligations owed to their patients can create challenging policy tensions that can
make it difficult to implement policy action at the level of the physician/patient. In this
article, the author has explored the role and legal and ethical obligations of physicians at 3
key stages of patient interaction: the information phase, the pre transplant phase, and the
post transplant phase.2

3. In this article, the author talks about the international problem of organ trafficking with
transnational dimensions and involves the intersection between the world of organized
crime, impoverished organ donors, sick recipients and unscrupulous medical staff. The
author starts out by exploring the global patterns of organ trafficking, highlighting the
physical and psychological harm caused to victims. The article subsequently continues with

1
Cohen Lawrence Dr, Trafficking of Human Organs in India,
http://www.endslavery.va/content/endslavery/en/publications/acta_20/abraham.pdf, accessed on 30/01/2019.
2
Caulfield, Timothy, Trafficking in Human Beings for the Purpose of Organ Removal and the Ethical and Legal
Obligations of Healthcare Providers,
https://journals.lww.com/transplantationdirect/fulltext/2016/02000/Trafficking_in_Human_Beings_for_the_Purpose_o
f.5.aspx, last accessed on 30/01/20.
 a discussion of the domestic, regional and international legal and semi legal dimensions of
this type of crime are examined.3

STATEMENT OF PROBLEM-
For years, India is known as a “warehouse for kidneys” or a “great organ bazar”. It is no Because
of low costs and easy availability of organs from poor people it is no surprise that organ bazaar
and kidney warehouse have been developed in our country. Have risen. Since last more than two
decades the local availability of cyclosporine, the anti-rejection drug for transplants, led to renal
transplants becoming a reality in India. India’s soft regulate in and ineffective law enforcement
makes the success of illegal organ transplantation. The result has been that “supply and demand
created in marriage of un- equals, wedding wealthy but desperate people dependent on dialysis
machines to those in India grounded down by the hopelessness of poverty” The poor and poverty
driven people , has either willingly sold their kidneys to, pay for a daughter’s dowry, or to build a
small house or even to feed their families. who were in the dark about the source of their son's
income, or in exchange for insignificant sums of money.

RESEARCH METHODOLOGY-
The methodology to be used in this research is doctrinal. The nature of the work is analytical &
descriptive. Opinions of research scholars, academicians and other experts who have dealt with this
topic of study will play a major part in this work. The majority of information is being amassed
from sources such as newspapers, policies and schemes of government, articles, journals, web
resources to answer the research questions.

SOURCES OF DATA-
For the doctrinal research:

The secondary sources of data are:

 Websites
 Magazines
 Newspapers
 Articles

3
Aronowitz A. Alexis, Trafficking of human beings for the purpose of organ removal:Are (International)Legal
Instruments effective measures to eradicate the practice?,
https://www.researchgate.net/publication/303784028_Trafficking_of_Human_Beings_for_the_Purpose_of_Organ_Re
moval_Are_International_Legal_Instruments_Effective_Measures_to_Eradicate_this_Practice, last accessed on
30/01/20
BIBLIOGRAPHY-
SECONDARY RESOURCES-

1. http://www.endslavery.va/content/endslavery/en/publications/acta_20/abraham.pdf
2. https://www.academia.edu/35769694/The_Criminal_Justice_Response_to_Organ_Traffick
ing_and_Trafficking_in_Human_Beings_for_Organ_Removal
3. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779960/
4. https://journals.lww.com/transplantationdirect/fulltext/2016/02000/Trafficking_in_Huma
n_Beings_for_the_Purpose_of.5.aspx