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Organ Trafficking: Legal Issues And Challenges




Dr. Mujibur Rehman* & Dimpy Saroj**


ABSTRACT


Transplantation and organ donation may save lives, but they may also have detrimental impacts on the environment and general public's health. The Transplantation of Human Organs and Tissues Act of 1994 (THOTA) provides a legal framework for these procedures, but it usually does not adequately address the issue of organ trafficking, especially when it comes to the economically poor individuals who are often the victims. This paper analyzes organ trafficking in India, addressing the legal, ethical, and human rights challenges. It highlights organized crime, corruption, and systemic complexities that obstruct anti-trafficking efforts and emphasises the need for stricter laws, ethical reforms, and improved enforcement strategies. The researcher humbly attempts to analyzes the legal and ethical frameworks of organ trafficking in India while incorporating data from a questionnaire aimed at gauging public and healthcare professionals' awareness of organ trafficking and transplantation practices. The findings further highlight a significant lack of awareness regarding the legal aspects of organ donation and the consequences of trafficking, with many respondents unfamiliar with regulations like THOTA. At last, the researcher humbly draws attention to potential suggestions to address organ trafficking, including stricter laws and public awareness. It emphasizes that the fight against organ trafficking is not just about criminal behavior but a quest for justice, human dignity, and ethical medical practices.


Keywords: Organ donation, Organ transplantation, Organ trafficking, THOTA, Ethical medical practices.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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