Abstract

Organ trafficking violates human rights all across the world, just like any other major crime. The judiciary under article 21 of the constitution declares that everyone has a basic right to health. Highlighting the fact that the Constitution now recognizes a person's right to control their own body as a core fundamental right. Organ trafficking is reportedly an organized crime that has grown significantly in India. Human organ trafficking not only violates the victim's fundamental rights to life in dignity and freedom, but also has the potential to have detrimental effects on one's life and health. There is no doubt that India being the largest exporter of the human organs is involved in illegal organ trade. The global demand for human organs is rising, and crimes involving the trade of human organs are rising considerably especially among vulnerable and marginalized societal groups. Although there is a growing need for organs, there is not enough of a supply to satisfy this demand. This disparity has led to the commercialization of donations and the enormous growth of illegal organ markets. The perpetrators of organized crime take the advantage of increased demand of organs in India and abroad. They are involved in human trafficking for organ trade. Current legal regime to fight with this issue is inadequate and has become one of the fundamental causes of expanding commercial organ trading. This paper aims to critically examine the state of "organ trafficking" in India and the function of the current legal system in dealing with this menace.

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