LEGAL AND ETHICAL PROBLEMS IN ORGAN DONATION

LEGAL AND ETHICAL PROBLEM IN ORGAN DONATION

Organ failure is very pathetic and donation of organ as it provides high quality life in adding years to survive the patients in this beautiful world.

There is generally a lack of awareness about organ donation and transplantation.  Mostly in this Legal, economical, social and cultural obstacle occurs.

ECONOMIC

The patients have to pay high rates for this organ transplantation and they are economically non affordable poor and below the poverty which leads to make them very worked up and when they are going through the foundations they have to wait in the list and the consequence may be negative.

SOCIAL

Transplantation among the relationship is very common and it is depends upon the family back ground and their relationship one among them. But, Social fear and misconceptions are there like the body of the donor may mutilated by the Doctors, worry of donating one organ the other would have been taken, the age of the donor and the mentality and emotion backgrounds

RELIGION

Very big issue is our religious customs, In Islam they believe in, the body belongs to God and we have to respect it and even the dead body where organ removal is equated to mutilation.  In Buddhism they believe in rebirth so if there is any disturbance to the body even after death may affect the person’s next birth. In Hinduism also there is powerful thought that the body is dead only after cremation and the organ donation after biological death are not accepted.

PROFESSIONAL ATTITUDE

Professional attitude of some Medical Pracieners concern with organ robbery eventhough the percentage is very low giving scares and makes the people distrust towards the medical community.

LEGAL VIEW

The THO (THE TRANSPLANTATION OF HUMAN ORGANS) act was enacted on 1994 to "provide for the regulation of removal, storage, and transplantation of and for the prevention of commercial dealings in human organs. Legally organ donation can take place from living, genetically-related individuals."  This organ Transplant law does not allow exchange of money between the donor and recipient. According to the Act, the unrelated donor has to file an affidavit in the court of magistrate stating that the organ being donated out of affection.  After that the donor has to undergo number of tests before transplantation.  The authorized committee checks the documents and the transfer of organ are permitted. If it is found any money transaction in the process then both the recipient as well as the donor is considered as offenders under the law. The misuse of sec9 (3) no human organ removed from the body of a donor before his death shall be transplanted into a recipient unless the donor is a near relative of the recipient. leads more distrust in this precious matter.

Overcoming all the above obstrucles by giving proper awareness about the organ donation, giving enough knowledge about donors life guarantee, bringing strict follow of laws and avoiding money transactions in this definitely will lead to mile stone in the organs transplantation history.  Gifting human life is the best thing which all of us can do.