It is only when, under unfortunate circumstances, one needs an Organ for saving a Life, does one come to know of the scarcity of Organs available for Transplantation and the huge costs involved even in the Legal Market.
What many of us do not know is the illegal market in Organ Transplantation.
Here are some facts.
Illegal Organ Trade Market:$0.075 Billion ($75 Million)
- Profit for Organ Trafficker :15X Between Buying Price and Selling Price
Price of Humans
Illegal Market for Human Organs,India.
Patients, many of whom will go toChina, India or Pakistan for surgery, can pay up to $200,000 (nearly £128,000) for a kidney to gangs who harvest organs from vulnerable, desperate people, sometimes for as little as $5,000.
The vast sums to be made by both traffickers and surgeons have been underlined by the arrest by Israeli police last week of 10 people, including a doctor, suspected of belonging to an international organ trafficking ring and of committing extortion, tax fraud and grievous bodily harm. Other illicit organ trafficking rings have been uncovered in India and Pakistan.
The Guardian contacted an organ broker in China who advertised his services under the slogan, “Donate a kidney, buy the new iPad!” He offered £2,500 for a kidney and said the operation could be performed within 10 days.
THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994 ,India
ACT NO. 42 OF 1994
[8th July, 1994.]
An Act to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto. WHEREAS it is expedient to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs; AND WHEREAS in Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Himachal Pradesh and Maharashtra to the effect that the matters aforesaid should be regulated in those States by Parliament by law; 2 BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:- CHAP PRELIMINARY CHAPTER I PRELIMINARY
Short title, application and commencement.
1.Short title, application and commencement.- (1) This Act may be called the Transplantation of Human Organs Act, 1994.
(2) It applies, in the first instance, to the whole of the States of Goa, Himachal Pradesh and Maharashtra and to all the Union territories and it shall also apply to such other State which adopts
this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.
(3) It shall come into force in the States of Goa, Himachal Pradesh and Maharashtra and in all the Union territories on such date as the Central Government may, by notification, appoint and in any
other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, means the date on which this Act comes into force in such State or Union territory.
Definition. 2. Definition.- In this Act, unless the context otherwise requires,- (a) “advertisement” includes any form of advertising whether to the public generally or to any section of the public or, individually to selected persons; (b) “Appropriate Authority” means the Appropriate Authority appointed under section 13; (c) “Authorisation Committee” means the committee consti-
tuted under clause (a) or clause (b) of sub-section (4) of section 9; (d) “brain-stem death” means the stage at which all functions of the brain-stem have permanently and irreversibly
ceased and is so certified under sub-section (6) of section 3; (e) “deceased person” means a person in whom permanent dis- appearance of all evidence of life occurs, by reason of brain-stem death or in a cardiopulmonary sense, at any time after live birth has taken place; (f) “donor” means any person, not less than eighteen years of age, who voluntarily authorises, the removal of any of his
human organs for therapeutic purposes under sub-section (1)
or subsection (2) of section 3; (g) “hospital” includes a nursing home, clinic, medical centre, medical or teaching institution for therapeutic purposes and other like institution; (h) “human organ” means any part of a human body consisting of a structured arrangement of tissues which, if wholly re- moved, cannot be replicated by the body; (i) “near relative” means spouse, son, daughter, father, mother, brother or sister; 3 (j) “notification” means a notification published in the Official Gazette; (k) “payment” means payment in money or money’s worth but does not include any payment for defraying or reimbursing; (i) the hcost of removing, transporting or preserving the human organ to be supplied; or (ii) any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable to his supplying any human organ from his body; (l) “prescribed” means prescribed by rules made under this Act; (m) “recipient” means a person into whom any human organ is, or is proposed to be, transplanted; (n) “registered medical practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, and who is enrolled on a State Medical Register as defined in clause (k) of that section; (o) “therapeutic purposes” means systematic treatment of any disease or the measures to improve health according to any particular method or modality; and (p) “transplantation” means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes.
CHAP AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS CHAPTER II AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS
Authority for removal of human organs.
3. Authority for removal of human organs.- (1) Any donor may, in such manner and subject to such conditions as may be prescribed, authorise the removal, before his death, of any human organ of his body for therapeutic purposes.
(2) If any donor had, in writing and in the presence of two or more witnesses (at least one of whom is a near relative of such person), unequivocally authorised at any time before his death, the removal of any human organ of his body, after his death, for therapeutic purposes, the person lawfully in possession of the dead body of the donor shall, unless he has any reason to believe that the donor had subsequently revoked the authority aforesaid, grant to a registered medical practitioner all reasonable facilities for the removal, for therapeutic purposes, of that human organ from the dead body of the donor.
(3) Where no such authority as is referred to in sub-section….”