Legalising Germline Editing for the Cure of Congenital Diseases and Disabilities in India: A Human Rights Perspective

  • Deeptayan Ghosh and Amiya M Arickatt
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  • Deeptayan Ghosh

    Student at CHRIST (Deemed to be University), India

  • Amiya M Arickatt

    Student at CHRIST (Deemed to be University), India

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Abstract

Technological advances in the medical field have brought potential solutions for curing genetic diseases. This research paper explores whether legalising germline editing can be instrumental in promoting human dignity in regional groups suffering from genetic diseases or abnormalities. Germline editing is a scientific technique used to correct congenital disabilities not by environmental manipulations but by acting directly on the DNA in the affected person’s cells. The technology has raised several political concerns and has been subject to legislative considerations, regulatory actions, and court deliberations across the globe. This technology, posing great revolutionary potential, has been subject to scrutiny owing to its considerable nexus with human autonomy, self-determination, and diversity. Through this research, the authors seek to address the general concerns raised by various theorists and philosophers regarding the threat of violation of human rights posed by the employment of such technology. The paper investigates the Kantian view on dignity and philosophically analyses the ambiguity surrounding the definition of human dignity. Further, the paper focuses on the case studies of various communities that have been exposed to genetic mutations because of certain man-made tragedies and have been suffering from the consequences across generations. The economic viability of germline editing over genome editing for the affected communities as it transcends through generations has been studied by looking into the financial position of the marginalised communities affected. The authors argue that gene therapy can play a significant role in undoing the suffering of the present and future generations. These developments do not seek to upend the current human rights regimes so much as to include a broader set of behaviours under their umbrella.

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Research Paper

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International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 3809 - 3828

DOI: https://doij.org/10.10000/IJLMH.115311

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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