Article by Muskan singh at lexcliq
Organ trafficking is an important concept and a henious offence of illegally dealing one’s organs without their consent for illegal transplants to either within the country or sometimes on international level. It includes trafficking of human tissues and organs such as heart, brain, kidneys, liver, eyes, etc. These serious offences take place with perfection in the hospital which were supposed to save one’s like but not by taking someone else’s life for money. Illiterate or innocent people often fell into the traps laid by the doctors and misleadingly without their knowledge they take signatures over the concent documents of such illegal transplants. Sometimes people are bribed, coerced or even forced for retaining such Unlawful activities either by donating their organs or ruining other innocent lives.
People treat innocent lives as goods to use and throw once their done, they play thousands of lives on a large scale. Organ trafficking is one of the largest illegal racket of the any country. Sometimes this may also include human trafficking as through abduction and kidnapping people directly transport bodies either live or dead to other countries as well. These crimes are increasing in numbers day by day. Specially in the current situation of global pandemic. Doctors are trading lives on a large scale. Treatments are just namesake to carry on with their main agendas.
Punishments for organ trafficking in India
When these rackets are busted, the law penalises the organ donor as well as the others involved. It allows for the donor to be arrested for the offence that attracts between five and 10 years in jail and a fine of between Rs 20 lakh and Rs one crore.
Human trafficking in India
In india, trading human beings is prohibited under the Constitution of India under Article 23 (1) and The Immoral Traffic (Prevention) Act, 1956 (ITPA). It provides strict provisions for prevention of trafficking of human beings for any sort of commercial sexual exploitation, slavery conduct or unlawful medical purposes. Indian government penalises trafficking of humans with penalty of seven years imprisonment or to life long imprisonment. This serious crime involves the use of force, fraud or coercion to obtain some type of slavery or labour or sexual conduct or sometimes for Illegal trading of their organs. It is an international racket of dealing innocent lives all over the world for many illegal purposes. Human trade is a global concern for all the countries including India and so government of India provides strict provisions against these crimes. Mostly human trafficking crimes also includes abduction of youngsters or kidnapping minors for their international and national trade.
Laws against human trafficking
Article 23 (1) of the Indian constitution
> Trading human beings for any forms of forced labour or slavery is prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
The Immoral Traffic (Prevention) Act, 1956 (ITPA)
> This Act is to provide in pursuance of the International Convention signed at New York for the prevention of immoral traffic. It extends to the whole of India.