The Issue of Trafficking of Children Organs in India - Essay Example

Problem Solution Paper al Affiliation Problem Solution Paper Trafficking of organs whether children or adult organs is illegal and violates the fundamental human rights that all people should enjoy despite their age, sex, ethnic group or occupation. Currently, the international community has not addressed this issue adequately or effectively, yet the issue is growing into a bigger problem. In India, children are treated like a commodity or good in a black market where the value is not much important as long as they or their organs are sold for a price. This could be because of a variety of issues, but whatever they are; they do not justify such acts. This paper will address the question, how can the Indian government best tackle the problem of parents selling their kids organs? Trafficking and selling of children or their organs is an issue that requires an urgent attention in India. This shocking trade still goes on up to date despite the barbaric nature it reflects. It is a more disturbing fact to establish that most of the children sold are sold at a price much lower than the cost of most animals. In India, children are treated like a commodity or good in a black market where the value is not much important as long as they are sold for a price. It is clear that these children are either relocated to certain parts of the country or moved across borders after they are sold. The children are solved for different purposes that include prostitution, forced labor, child soldiers or for organ removal (Nair, et.al, 2005). It is sickening to note that children are sold for organ removal to support the lives of other people, yet their own lives are considered useless. It is not sensible to support the life of one person by killing another person. The selling of the children is done through persuasion or coercion. In certain instances, children are gently persuaded by the members of their families or friends to comply and be sold by promising them a better life unlike the one they lead. In other cases, the children are coerced or forced into submission. In either case, children never have a bigger bargaining ground because in most cases they cannot make a decision on whether to be sold or not whether it is through persuasion or coercion (Nair, et.al, 2005). Rough estimates show that approximately 40 to 50 percent of human trafficking victims are children. More disheartening is the fact that that both the children and their families are mostly unaware of the danger because they honestly believe that they do this for children to have better lives in other countries where they will get better employment opportunities. Those who take part in this business make false promises about finding employment for the children and offer their parents more money so that the parents can believe them. Children are also stolen or handed over through fake adoption processes from orphanages. The selling of children for organ donation is a lucrative business because there is a huge demand and market for body parts, for instance eyes, kidneys and hearts that belong to children. Research has indicated that in the last 20 years, at least one million children have been kidnapped and killed for their organs. This makes it possible for the business to develop because the demand for the organs will not be short-lived (Kuchinsky, 2007). In Deficits: Indebtedness and unfair trade, Maathai (2010).notes that in Luanda city, poverty was seen clearly and there was a lack of foodstuff in the market, yet the sea offers its bounty every morning and afternoon. The citizens of Luanda were unable to use these resources to sustain their own fishing industry and get food and income. This situation represents the situation in India where parents sell their children who go on to be used for organ donation, yet the parents themselves still languish in poverty despite the promise of a better life both for them and their children (Maathai, 2010). The author also notes that the decline in Africa’s fishing industry gives a clear glimpse of unhappiness and an economic order that values commodities first rather than communities. This is the same case with selling children for organ donation. Parents value the commodities brought about by the promise of a better life rather than the communal life assured by the presence of their children at home. This problem needs urgent attention from the government of India because if it is left to go on, the society will rot and has the capability of bringing in more problems. It is clear that children make up the future leadership and generations. If they are not protected, the society is bound to have an aging population without a supporting generation for continuity purposes. As with Africa that needs its leadership to stop internal conflicts, inequitable arrangements and poverty, the Indian government must stand up and address the issue of children being sold for their organs (Maathai, 2010). Solution Arundhati (1999) in his article states, “To slow a beast, you break its limbs. To slow a nation, you break its people. You demonstrate your absolute command over their destiny…Power is fortified not just by what it destroys, but also by what it creates. Not just by what it takes, but also by what it gives. And Powerlessness reaffirmed not just by the helplessness of those who have lost, but also by the gratitude of those who have” (Arundhati, 1999). The problem of selling children’s organs is a beast that must be fought by breaking its limbs. This problem is not an easy problem to solve because it does not happen openly. It happens through cartels, orphanages and unclear and pretentious adoption agencies among other ways. For this problem to be solved adequately, it would require a gradual, continuing and well thought out process. It is not a problem that will be solved in a day (Arundhati, 1999). Therefore, an effective solution for this problem would be one that the government involves the citizens directly because the people especially parents are actively involved in exacerbating the problem. The best solution would be a formulation and implementation of an educative and sensitization policy on child trafficking and organ selling. The government would do this. As Roy states, “Maybe. Inch by inch. Bomb by bomb. Dam by dam. Maybe by fighting specific wars in specific ways. We could begin in the Narmada Valley” (Arundhati, 1999), the solution must start somewhere and this should start with parents. This policy would focus on educating and sensitizing the population on issues of trafficking and selling children’s organs. The policy would not be a punitive strategy but a call to change policy (Arundhati, 1999). The main focus of the policy would be to educate parents and make them understand the implications for selling their kid’s organs. Many parents do this because they are given money and promised a better future for their children. However, the promises are never true. The parents and the society must understand that these are tricks that buyers sell to them to get their children. Parents also need to understand that by doing this; they risk the future lives of their children and the future generation of the society. Parents and the society also need to understand that they stand to gain nothing from selling children’s organs and the money they get is not a solution to the problem they face. The policy will also address the problem by urging the society to change especially with the fact that they will have understood the implications of selling child organs (Arundhati, 1999). The United Nations Report of the Committee on the Rights of the Child (2008) has shown the importance of education and sensitization as an integral part of ensuring that the sale of children’s organs ends. The report acknowledges that the Special Rapporteur of the Human Rights Council on the sale of children, child pornography and prostitution has done significant work in raising awareness of these issues especially on sexual services derived from exploitation of children and sale of children’s organs. This means that sensitization and educating the society to gain awareness on the sale of children’s organs will be helpful in solving the problem in India. The UN has indicated this to be one of the best ways of tackling the issue (United Nations General Assembly, 2008). Such a solution will need adequate funding from the government because materials such as booklets, buying and printing T-shirts, conducting campaigns, roads shows and seminars among others will have to be done. All these will require funding especially with the fact that the solution is meant to be gradual and continuous. Therefore, the funding must be on going. This means that the government should consider this as an urgent issue and fund it on its own or find sponsors that can fund the period for a period of time. Follow ups must also be conducted after sometime to ascertain whether the desired results have been achieved. The follow up will also need funding from the government. Therefore, the government must focus and support this solution fully for it to be a success (Fleming & Koppelman, 2000). Summary and rebuttal of opposing views A legal solution would be considered an alternative to the above solution. Here, the government will be supposed to come up with a strict and stringent law and regulations against selling children’s organs. This solution would be punitive in the sense that any person caught doing it would be punished. This solution would work in the sense that offenders would face a jail term may be with other punishments attached to it. It would involve the legal institutions responsible for drafting this law and the law enforcement that would be responsible for implementing it (Shroff, 2009). However, this would not be an effective solution for the problem because it has been done before but never worked. The legislation referred to as Transplantation of Human Organ Act (THO) enacted in India in 1994 to streamline organ donation and transplantation activities has obviously not worked because children’s organs are still sold in fact more than in 1994. This legislation only allowed organ transplantation to be done legally not by selling children’s organs illegally. It also spelt out punitive measures for illegal activity concerning organ donation. However, this has been counter-productive showing that another legal solution may not work to effectively solve the current problem (Shroff, 2009). Another solution would be to legalize selling of children’s organs. This solution would answer the question about what should be done when there is a shortage in human organ donation. Kyriazi (2001) in The Ethics of Organ Selling: A Libertarian Perspective, states, “as As owners of themselves, individuals have the right to sell their organs, give them away, and even to allow themselves to be harvested of their organs in a productive form of suicide, for whatever reason they choose” (Kyriazi, 2001) . This essentially means that because people are owners of their bodies, they should do whatever they please with them even if they decide to sell certain organs from their bodies. In the case of children, this would perhaps mean that, because parents are responsible for them, they should be legally allowed to make decisions on their behalf on issues of organ selling. The other way would be to persuade or dissuade the children from selling their products. Whatever, the case, this solution would make it possible for parents to sale their children’s organs. However, despite the fact that this seems a radical idea, it is an irrational idea and will not help solve the problem. Suggesting that people should do whatever they please with their bodies, whether economically or ethically sound is not right because not every decision made by a person is right for him or her. All freedoms have their limits and a person’s freedom to control his or her body must be limited too. Besides, a vice cannot be solved by allowing the perpetrators to do it legally (Kyriazi, 2001). Justification section As stated above, the best solution for this problem would be for the government to formulate and implement an educative and sensitization policy on child trafficking and organ selling. This solution promises several consequences if it is implemented. First, it would ensure that the whole society is educated so that people understand that the promises of a better future for their children that they are given by buyers is a lie. They will also understand the consequences of selling their children’s organs for instance endangering the lives of those children by taking vital parts from their bodies and also denying them the right to play and enjoy their childhood. This will ensure that parents make informed choices when dealing with their children. Secondly, the solution will make parents responsible for their actions. Parents selling their children’s organs could be an act of ignorance, lack of information and gullibility. However, the solution will ensure that they do not do the act based on the above excuses. Moreover, the solution will not focus on the government to act. Rather, it will put parents at the center of the solution by empowering them to understand this issue as a problem and be on the forefront in ending it. Thirdly, it is important to point out that the solution is one that can be realized because it is not complex in any way. Through adequate planning, funding, implementation and follow up, it will be successful. The solution does not need technical expertise or special circumstances for it to work. Rather, it needs the goodwill of the government to end the current problem. Conclusion As stated above, trafficking and selling of children or their organs is an issue that requires an urgent attention in India. This is a shocking trade that still goes on up to date despite the legal frameworks put in place to address it. Children suffer because of this trade where buyers and the parents are the only people who benefit from it. The failure of the earlier strategies to solve it calls for a new solution to ensure that the problem of parents selling their children’s organs ends. However, an adequate solution will require time where strategies can be rolled out gradually. It will also require adequate funding and goodwill from the government to ensure that the solution becomes a success. As proposed above, the best solution for this problem would be for the government to formulate and implement an educative and sensitization policy on child trafficking and organ selling. This solution promises success in dealing with the problem if it is properly and effectively implemented. Other solutions such as to legalizing parents to sell their children’s organs and formulating a strict and stringent law and regulations against selling children’s organs are inadequate because of several reasons that have been indicated above. Therefore, it is important to state that the problem of parents selling their children’s organs can be solved as long as the right solutions are found, implemented and supported adequately and effectively by the government. References Arundhati, R. (1999). The Greater Common Good. Retrieved May 4, 2014 from http://www.narmada.org/gcg/gcg.html Fleming, Q. W., & Koppelman, J. M. (2000). Earned value project management. Project Management Institute. Kuchinsky, C. (2007). Child Trafficking: Selling Children into Slavery and Prostitution. Retrieved May 4, 2014 from http://voices.yahoo.com/child-trafficking-selling-children-into-slavery-and-282628.html Kyriazi, H. (2001). The ethics of organ selling: A libertarian perspective. Issues in Medical Ethics, Retrieved from http://www.organselling.com/medethics.htm Maathai, W. (2010). Challenge for Africa: deficits: indebtedness and unfair trade. New York: Anchor Books Nair, P.M. et.al, (2005). Trafficking in Women and Children in India. Andhra Pradesh: Orient Blackswan United Nations General Assembly, (2008). Report of the Committee on the Rights of the Child. Sixty-third Session Supplement No. 41, p 5. Shroff, S. (2009). Legal and ethical aspects of organ donation and transplantation. Indian Journal of Urolology, 25(3): 348–355. Read More