In the contemporary world of medicine, it is
evident that organ transplant has the capacity of saving numerous lives.
Nevertheless, there exists a problem due to unavailability of adequate organs
to meet the existing demand. The purchase, as well as sale of human organs, is
illegal globally, something that has led to the creation of a human organ black
market so as to meet the demand. Organ trade refers to the selling of human
organs that are used for transplants. The most commonly traded organs are the
kidneys. According to CNN News on June 30, 2014 about how organ traffickers in
Nepal steal kidneys, it can be argued that the organ brokers are criminals who
should get stiff penalties for their crimes. The illegal organ trade is
lucrative as it brings profits that range from $514 million to $1 billion
annually (Pokharel, 2014). A crime refers to an illegal act that is evil or
wrong and which ought to be punishable by law. The criminality of organ
trafficking in Nepal lies in the manner in which the poor and uneducated people
are duped into giving away part of themselves. This paper will argue on the
criminality of human organ trade on the grounds of the act being evil or wrong.
Human organ traffic is a crime as many poor,
and uneducated people are often duped to parting with a piece of their body.
According to the June 30, 2014 CNN report, uneducated people are duped â€œthe
meat will grow back.â€ The case of Nawaraj Pariyar, a poor and uneducated family
man is used to expose the evil of human trafficking. Nawaraj Pariyar was duped
that a hunk of his meat would be cut and payable by $30,000 (Pokharel, 2014).
Nevertheless, he was not told that the chunk of meat was his kidney. The
question remains, is it morally or legally right to make a person give part of
his body by means of lies? To eliminate the criminality of this act, Nawaraj
Pariyar should have received informed consent about what he was doing as well
as the health risks that were involved. Non-disclosure of such vital
information amounts to a criminal act that should be punished by law (Territo
& Matteson, 2012, p.15). Furthermore, the traffickers did not pay up the
agreed amount to Nawaraj Pariyar as he only received less than 1% of the agreed
amount. Are people comfortable with acts like this? Was this fair to Nawaraj
Pariyar? It is obvious that no one would like someone else to take advantage of
him this way and exploit him. The injustice served to Nawaraj only meets the
greedy need of the organ traffickers. According to Scheper-Hughes (2014), this
crime in the black market is brought by the fact that demand for human organ
outstrips its supply.
Human organs sale is a criminal act globally,
even though many medical ethicists argue in favor of legalizing this action so
as to address the desperate shortage of organs for the people who are
suffering. Most of the organs trafficking are based on the economic condition
of the donors, as the poor are often exploited by selling their body organs in
the black market (Carney, 2011, p.45). Donors who are poor, as well as
desperate need money, are smuggled into countries like India and the U.S. to
have their body organs removed with the promise of some form of remuneration.
In some cases, human organ trafficking amounts to a crime as it entails
violence through the use of both coercion and force, and physical threats.
According to the CNN report, the social stigma and threats to victims from
traffickers keep them from coming forward. This makes them to be traumatized
throughout their lives.
Human organ trafficking is a crime as it seems
to be benefiting some very sick people in need of organ transplants at the expense
of others who are less visible or dispensable. The organ traffickers as well
use different tactics of persuasion to recruit naive people such as abroad
employment. Other people may go for minor surgeries in hospitals such as
abdominal surgeries only to have a longer than normal recovery period along
with a larger than anticipated scar in their body (BBC, 2015). They only notice
later that some part of their body was removed without their consent. This is a
serious criminal activity that should be punishable by law. If the selling of
organs is to be legalized, there will be an increase in the rate of murders.
Justice demands that each individual ought to have an equal right towards the
gift of life. So as to protect this right, the society has an obligation to
make sure that every person, whether he is rich or poor, has equivalent access
towards all the medical benefits (Cheney, 2006, p.24). In any case, if a market
in organs were to create, capacity to pay would figure out who could purchase
organs while financial need would figure out who would be inspired to offer
their organs. The exceptionally affluent would wind up purchasers of the organs
being sold by the extremely poor. A market in organs would in this manner
advantage the well off while putting weights on the poor to jeopardize their
own particular wellbeing. Such an unequal dispersion of medical advantages and
loads would be low.
In addition, individuals possess a right to
live their respective lives with freedom, as well as self-esteem. A market that
trade human organs would without doubt lead to abuses that will violate the
freedom in addition to dignity of many individuals (Cheney, 2006, p.14).
Permitting organs to be purchased and sold would result in the exploitation of
poor and uninformed persons, particularly in the third-world nations. Such a
scheme could promote the most susceptible in society to regard themselves as
items and permit others to infringe their rights for profitable gain.
In conclusion, as this paper has argued, human organ trafficking is a criminal act that is driven by the soaring demand for organs. This has made the middlemen in this black market to use cunning means to lure and exploit unsuspecting poor and uneducated people in giving away their organs. Taking advantage of the poor peopleâ€™s economic condition, as well as their unawareness, to exploit them is a wrongdoing that amounts to a criminal act. The purchase, as well as sale of human organs, is illegal globally, something that has led to the creation of a human organ black market so as to meet the demand. As a result, it is imperative that a legally regulated system should be established so as to curb the purchasing and sale of organs.
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