Tuesday, 31 May 2022

Organ donation a scam in disguise

 Organ donation a scam in disguise

Organ donation is considered as a significant accomplishment in the history of medical science it saves life’s of countless people every year it requires special experts guidance to extract the same organ  donation can legally come from live, genetically linked people; living, unrelated people in specific cases when there is no improper payment to the donor; or cadavers.

Risk benefit associated

The ethical rationale for using organs from live donors starts with weighing the possible advantages, mostly to the recipient but also to the donor, against the dangers to the donor, which are measured in terms of both the likelihood and amount of damage. Before a potential live organ donor takes the choice to give, he or she should have a thorough awareness of the risks and potential advantages of doing so.

The Fact that the donor faces practically all of the hazards complicates calculating a risk-benefit ratio for living organ donation. The receiver, on the other hand, is the main beneFactor due to the shorter time it takes to get an organ, increased survival, and enhanced health and quality of life if the transplant is successful.

A secondary beneficiary might be the donor, who would benefit from the psychosocial advantages of donating an organ to someone in need. In other words, the live donor accepts the dangers of major surgery for the benefit of another person’s health, as well as any psychosocial advantages[6]. In this case, doing a risk-benefit analysis is hard and challenging. Nonetheless, the transplanting group, as well as, ideally, an unbiased donor advocacy team, must make a decision on the risk-benefit ratio’s acceptability for specific potential donors, who must also make their own decision. Before continuing, the transplantation team and donor advocacy team must be satisfied with the risk-benefit ratio.

Indian status on organ donation

Organ donation in India is at an all-time low, with over 10 lakh individuals waiting for corneal transplants, 50,000 for heart transplants, and 20,000 for lung transplants. This is especially terrible given the Fact that single organ donor can save up to nine lives by donating up to 25 different organs to individuals in need. The transplant waiting lists in India are becoming longer by the day.

Organ donation is permitted in India under the Transplantation of Human Organs Act (THOA) of 1994, which also legalises the idea of ‘brain death,’ or the complete loss of all brain functions. Although a person cannot sustain life after brain dead, crucial bodily functions can be preserved in an ICU. Such patients are kept on artificial life support in order to keep their organs healthy.

Brain death differs from coma, which is a deep state of unconsciousness in which the brain continues to operate without assistance. A person will not be pronounced brain dead if there is any activity in the brain.

Before organs may be taken in India, a panel of four physicians – a medical administrator, an accredited specialist, a neurologist, and the doctor treating the patient � must collectively proclaim someone brain dead. After then, a battery of tests is carried out to confirm brain death.

Legal position

The following are the key sections of the THO Act and the recently passed Gazette by the Government of India

For live donation, it establishes who is eligible to contribute without having to go through any legal hoops. Mothers, fathers, siblings, sisters, sons, daughters, and spouses are all permitted to give. Grandparents have just been included to the list of first cousins in the new Gazette. The first cousins must show confirmation of their link through genetic tests and/or legal documentation. If there are no immediate relatives, the receiver and donor must seek special approval from a government-appointed authorization committee and appear in front of the committee for an interview to establish that the motivation for the donation is entirely altruistic or affectionate for the recipient.


The following criteria are used to determine brain death and its declaration: Six hours apart from doctors, two certificates are necessary, two of which must be doctors recommended by the relevant government body, with one of the two being a neurology specialist.


In each state or union territory, an Authorization Committee (AC) and Appropriate Authority (AA.) are formed to regulate transplant activity.

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