In many parts of the world, including India, it is kinda a joke that if you want to buy an iPhone, you must sell your kidney, but that can make you question whether it is really possible to sell your kidney, especially in countries like India. Well, the answer to that is: It is absolutely illegal to sell kidneys in India for money, so forget about it. But let’s get to know about the laws regarding that, you know, just to be clear.
What Exactly Is India’s Stance on Kidney Sales?
In India, under the Transplantation of Human Organs Act (THOA) of 1994, the selling or trading of kidneys, or any human organs for that matter is totally forbidden and illegal. So, let’s be clear about that from the very start. The principal aim of this law is to monitor the extraction, keeping, and implantation of human organs, mainly to put an end to the unethical and exploitative commercial organ market, which has been a big issue in the country. The legislation clearly outlaws the purchase and sale of human organs, and penalties which can include jail terms and fines are imposed on offenders, that’s for sure.
However, the law allows organ donations from direct families such as parents, brothers, sisters, children, and husbands, or wives. In some cases, other people such as aunts, cousins, or even friends can donate an organ, however, the Authorization Committee must give their permission in advance to make sure that the donation is free of charge and that money is not the main motivator, you know?
To increase transparency and stricter regulation of the Act, an amendments bill was passed in 2011. And just so you know, in this legislation, the National Organ and Tissue Transplant Organization (NOTTO) was created to take control of and monitor the organ donation and transplant processes in the country. Also, the amendments broadened the donor pool and the illegal organ trade consequences became more severe.
And Yes, There Is Ongoing Debate About Should We Legalize the Sale of Kidneys?
Were you aware that there is an ongoing debate on this topic in India and it kinda results in very heated moments sometimes? Yes, that’s pretty much the case. Well, some people who are in support of legalizing this say that a well-regulated organ market could both help in addressing the serious problem of organ shortage and save lives, while at the same time controlling the illegal organ trade. On the other hand, a majority of the public is against this idea due to the fact that it could really be the poorest who would be the main victims of the game, you know, people who are forced to sell their organs because of financial needs, possibly marginalized by wealthy people.
All in all, the opponents argue that kidney sale legalization would lead to a significant devaluation of altruistic organ donation, in which the intention is charity, not a financial reward. So it is kinda a gray area and no one can say for sure like on which side these debates are taking us as a nation.
