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11 Aug 2023
GS Paper 4
Case Studies
Day 23: You are a senior officer in the Ministry of Health and Family Welfare. You have been assigned the task of drafting a policy on organ donation and transplantation in India. You are aware that there is a huge gap between the demand and supply of organs in the country, and that many people die every year due to lack of organ donors. You also know that there are various ethical, legal and social issues involved in organ donation and transplantation, such as consent, coercion, exploitation, trafficking, commercialization, allocation, etc.
One day, you receive a call from your friend who works as a journalist. He tells you that he has come across a shocking case of organ trafficking in a private hospital in Delhi. He says that he has evidence that the hospital is involved in illegally procuring organs from poor and vulnerable people and selling them to rich and influential patients at exorbitant prices. He also says that he has found out that some of the doctors and staff members of the hospital are related to some politicians and bureaucrats who are your colleagues or seniors in the ministry.
He asks you to help him expose this racket and bring the culprits to justice. He says that he needs some confidential information from you regarding the policy on organ donation and transplantation that you are working on. He assures you that he will not reveal your identity or source, and that he will use the information only for public interest.
What will you do in this situation? Explain the ethical issues involved and justify your decision.- Discuss the case in brief.
- Discuss the stakeholders and ethical issues involved in the case.
- Mention the possible course of action to tackle the issue.
- Conclude your by providing justification to your course of action.
Answer:
As a senior officer in the Ministry of Health and Family Welfare, you have a duty to uphold the public interest and the rule of law. You also have a responsibility to protect the confidentiality and integrity of the policy on organ donation and transplantation that you are working on. However, as a friend and a citizen, you also have a moral obligation to help your journalist friend expose the illegal and unethical practices of organ trafficking in the private hospital.
Stakeholders and Ethical issues involved in the case:
Stakeholder Ethical Issue You (senior officer in the Ministry of Health and Family Welfare) Whistleblowing, confidentiality, conflict of interest Your journalist friend Whistleblowing, public interest, professional ethics Your superiors in the ministry Accountability, transparency, public interest The private hospital Organ trafficking, exploitation, corruption The politicians and bureaucrats related to the private hospital Organ trafficking, exploitation, corruption, conflict of interest The organ donors (poor and vulnerable people) Consent, coercion, exploitation, human rights The organ recipients (rich and influential patients) Allocation, commercialization, human rights General public Awareness, education, donation, public interest The authorities (Police, medical council, judiciary) Investigation, prosecution, justice, public interest In this situation, you must balance your duties as a senior officer and your obligations as a friend and a citizen. You must weigh the benefits and harms of disclosing information to your journalist friend against the risks and costs of keeping it confidential. You must consider the legal and ethical implications of your decision and its impact on the policy on organ donation and transplantation that you are working on.
Possible course of action:
- Verify the information: Before you decide to share any information with your journalist friend, you should verify the authenticity and accuracy of his evidence and claims about the organ trafficking racket in the private hospital.
- You should also check if he has any other sources or witnesses who can corroborate his findings.
- You should ensure that he is acting in good faith and in public interest, and not for personal gain or ulterior motives.
- Consult your superiors: After verifying the information, you should consult your superiors in the ministry about the situation and seek their guidance and approval for disclosing any information to your journalist friend. You should explain to them the nature and urgency of the matter and its relevance to the policy on organ donation and transplantation that you are working on. You should also inform them about your personal relationship with your journalist friend and any potential conflict of interest that may arise from it.
- Disclose only relevant information: If you get permission from your superiors to share some information with your journalist friend, you should disclose only what is relevant and necessary for exposing the organ trafficking racket in the private hospital. You should not reveal any confidential or sensitive information that may compromise the policy on organ donation and transplantation that you are working on or that may harm the interests or rights of any other parties involved in organ donation and transplantation in India.
- You should also ensure that your journalist friend protects your identity and source and does not misuse or misrepresent the information that you provide him.
- Report the matter to the authorities: Besides sharing some information with your journalist friend, you should also report the matter to the relevant authorities who are responsible for investigating and prosecuting cases of organ trafficking in India. These may include NOTTO (National Organ & Tissue Transplant Organisation), ROTTO (Regional Organ & Tissue Transplant Organisation), SOTTO (State Organ & Tissue Transplant Organisation), the police, the medical council, or the judiciary.
- You should provide them with any evidence or information that you have or that you obtain from your journalist friend about the organ trafficking racket in the private hospital.
- You should also cooperate with them in their inquiry and follow-up actions.
By taking this course of action, you can fulfil your duties as a senior officer and your obligations as a friend and a citizen. You can also interest uphold the public and the rule of law. You can also protect the confidentiality and integrity of the policy on organ donation and transplantation that you are working on. You can also help expose and stop the illegal and unethical practices of organ trafficking in the private hospital. You can also minimize the risks and costs of whistleblowing and avoid or manage any conflict of interest.
