LAW AND ETHICS A MUST IN ORGAN TRANSPLANTS!

March 9, 2010 on 2:37 pm | In General |

‘As a lead Consumer Advocate today involved in national and international networking task force addressing the whole question of organ transplant, the illegal trade and exploitation this is again a fine example legally citing of coercion and exploitation of people who are poor and the inability of legislation and statutes to protect their rights and interests!  - Dr Jacob George’

INTRODUCING LAW AND ETHICS INTO ORGAN TRANSPLANTS WORLD WIDE (Part 1)

I was in India recently and during my visit had the golden opportunity to meet some very fine and ethical individuals who do much service to humanity but also to the medical profession!

Since, I was very interested in the whole question of organ transplants, the sale and rackets that are attached to it and today’s big business ventures that bastardizes the medical profession where organ transplants has become ‘big business’ and in certain borders listed in the stock exchange resulting in what I will call the commercialization of organ transplantation my discussions with these renowned individuals became most interesting!

Whether it is the question of kidneys, liver or any other organ it is a fact today that in most countries notable in China, India, Egypt, Sri Lanka, South America the sale and ‘black hands’ attached to this has become an underground organized trade!

For example, I was told about the disgusting sale of kidneys in Tamil Nadu involving victims of the December 2004 tsunami.

I was told of the retrieval of organs from innocent non suspecting individuals after being drugged by syndicates and the mafia!

Stories that shocked and upset me!

As usual the networking and ‘modus operanti’ in some cases are defined and organized except for one thing – when the victims did not receive the financial rewards they were promised they went to the relevant authorities.

As a lead Consumer Advocate today involved in national and international networking task force addressing the whole question of organ transplant, the illegal trade and exploitation this is again a fine example legally citing of coercion and exploitation of people who are poor and the inability of legislation and statutes to protect their rights and interests!

As a lawyer I could not but ask my prestigious but humble hosts on the state of the law in India.

They kindly explained that the Transplantation of Human Organs Act (THOA) was passed by the Indian parliament in 1994 – a track record of 16 years!

The THOA was even ratified by the state assemblies.

I had the opportunity to read the said act and was glad that it did accept brain death as a form of death but the act strictly prohibits commerce in organs.

There were limitations to the donation of organs to what they termed as ‘first relatives’ which was defined as one’s mother, father, brothers, sisters, son, daughter or spouse of the recipient!

My take legally in this state of affairs was that by the authorities defining brain death as a form of death it extended the restriction to an even larger pool of donors (?) perhaps to overcome the shortage of organs like the kidneys, heart, lungs, pancreas and kidneys!

My hosts did however advice me thanks to the said legislation more than 2000 transplants were done but availability were far short the need and usually outstripped the situation.

Which they tell me - meant only one thing the world over – the active presence of a thriving illegal trade involving commercial donors and middlemen from various shades and professions.

And I was not surprised either when they told me of the involvement of those in the medical professions who were also involved in the illegal organ trade for financial rewards!

Shameful but a fact!

As I always indicated I find in all cases whether it is in China, India, Egypt, Brazil, some African state or for that matter even in the Asia Pacific Rim – two crucial ingredients or factors present and little done by the stakeholders to address them!

The two simply being:

1.      The inefficiency and ineffectiveness of statutes and legislation and its implementation surround the issue

2.      The financial and economic compulsions that make people donate their organs.

I do not want to sound self righteous but the truth is I have difficulty finding fault in the donors because of their economic situation and extreme poverty!

But we need to manage this issue and if the need be I shared with my Indian friends the legislation must be amended and I went on citing the changes I would include in such a move!

Most importantly – I suggested the need to involve identified/selected NGO leaders in various task force on Organ transplant initiatives, committees, select committees, patient advocate programmes to explore new possibilities which will result in addressing this issue and need in a responsible and ethical manner uprooting and surgically removing those irresponsible but involved in acts or omissions that breeds a climate of greed and exploitation in organ transplant and trade!

I would also seek to put on record an ethics of organ donation that will have the power of enforcement and law to take punitive sanctions to violators and organ transplant efforts that will steer this issue in a manner that brings hope not despair and in cases where necessary looking at the bigger picture rather than to address private agendas and personal greed of those in and outside what was once a noble profession!

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