1. Bodies, “Love” and Kidneys: The Regulation of Living Donor Donation in India and its Social Repercussions
- Author
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Kaur, Mandeep and Kaur, Mandeep
- Abstract
Organ transplantation touches upon existential questions of life and death, the self and the other, and the gift and the commodity. It uniquely challenges social norms and ideas and necessitates a close analysis of cultural concepts and differences. In India, the regulation of organ donation has led to social repercussions and consequences that highlight Indian approaches to these existential questions of life, death, bodies, and social relations. The concept of brain death was introduced into the Indian legal and medical systems in 1994 with the Transplantation of Human Organs Act (THOA, 1994). The major aims of THOA were the regulation of living donor donations to prevent illegal markets and to increase deceased donations as a solution for organ scarcity. Organ donations, while usually beneficial to the individuals who receive them, raise several ethical concerns about social justice and equality, such as where organs come from and to whom the organs should be given, as well as the concept of distributive justice. It also highlights how biomedical technologies are adapted and understood differently in diverse cultural settings, especially those that touch upon sensitive and significant topics such as death and body ownership. This thesis will analyze how THOA and its regulations pertaining to human organs have changed and shaped Indian societal norms. It will analyze how Hindu concepts of death relate and connect to transplantation and show attempts at reconciliation and integration of transplantation into Hindu belief, but also friction between the understanding of death as a process and the instantaneous “declaration” of brain death. The complexities of organ transplantation in India extend to the ethical dimension of gendered donations, in which women are far more often the donors than the recipients, but also to the logistical and bureaucratic shortcomings of the Indian medical system.
- Published
- 2023
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