Illicit Organ Removal in Nepal: An Analysis of Recent Case Law and the Adequacy of Human Trafficking and Transplantation Frameworks

Author: Gawronska, Sylwia

Abstract: Nepal is becoming one of the major organ trafficking hubs in Asia. Since the first reports of impoverished Nepali citizens selling one of their kidneys appeared more than a decade ago, and despite clear legislative efforts to combat it, illicit organ removal has become a thriving criminal enterprise that threatens to damage the newly developed domestic transplant system and undermines the rule of law. In this light, this paper examines the adequacy of the Nepali legal frameworks on transplantation and human trafficking in combating illicit organ removal. This is done on the basis of a discussion of six cases of illicit organ removal that were prosecuted between 2013 and 2019. This discussion reveals certain gaps and inconsistencies in the application of the transplant and human trafficking frameworks. On the basis of these findings, a set of recommendations is presented on ways to strengthen legislative and policy responses so as to better address illicit organ removal in Nepal and the protection of its victims.

Keywords: human trafficking for the purpose of organ removal, organ trafficking, organ trade, transplant tourism, illicit organ removal, Nepal